Legal and Ethical Issues Flashcards

Which legal doctrine provides that a deed recorded first in time generally prevails over a later deed from the same grantor in states without notice or race-notice statutes?

Answer: Race doctrine (pure race recording)

Under the pure race doctrine, the first party to record the deed wins regardless of their knowledge of prior conveyances, making recording speed determinative.

A surveyor is asked to certify that a building complies with a setback requirement, but field measurements show a slight encroachment. The client asks the surveyor to 'round' the measurement to show compliance. The surveyor should:

Answer: Refuse to falsify findings and accurately report the encroachment

Falsifying or manipulating survey data to achieve a desired result violates professional ethics codes and potentially constitutes fraud.

The Federal Fair Housing Act has implications for surveyors when they are asked to:

Answer: Calculate lot areas in minority neighborhoods differently than in majority-white neighborhoods

Applying different survey standards or refusing service based on neighborhood demographics would constitute discrimination prohibited by the Fair Housing Act.

A surveyor is retained by an attorney to perform a survey for litigation. The attorney instructs the surveyor to reach a specific conclusion that supports their client's case. The surveyor should:

Answer: Perform an objective, independent survey and report honest findings regardless of outcome

A surveyor retained as an expert must provide objective, unbiased professional opinion; shading conclusions to favor a retaining party violates professional ethics and undermines court proceedings.

Which of the following constitutes an 'encumbrance' on real property that a surveyor may be expected to locate and show on a survey plat?

Answer: A utility easement crossing the parcel

Utility easements are encumbrances — rights held by others that burden the property — and surveyors are typically required to locate and depict them on survey plats.

The professional obligation to keep current with changes in surveying technology, legal standards, and best practices is known as:

Answer: Continuing professional competence or continuing education

Most state licensing boards require surveyors to complete continuing education (CE) credits to maintain licensure, reflecting the obligation to stay current in the profession.

Under the Americans with Disabilities Act (ADA), a licensed surveyor performing a site survey for a commercial facility may be required to identify:

Answer: Slopes, cross-slopes, and accessible route grades that affect ADA compliance

ADA compliance for accessible routes depends on precise slope measurements, which fall within the surveyor's scope when performing site surveys for commercial properties.