Whereas, it has come to the attention of the membership of the National Society of Professional Surveyors that a trend is developing throughout the nation whereby Lenders, Title Companies and Realtors are abandoning the long established practice of ordering a survey at the time of real estate sales or mortgage transactions; and

Whereas, in lieu of a new survey, some of the above listed entities are requiring an affidavit from a previous homeowner as to the facts shown on an old survey; and

Whereas, in light of the many survey related problems that may develop over time, particularly with respect to residential property, the Society believes that it represents unsound business practice to request that anyone other than a licensed professional land surveyor sign such affidavits as are described in the preceding paragraph; and

Whereas, our Society members are now being approached by the recipients of these affidavits and/or outdated or altered survey map/plats; and

Whereas, these recipients have questions, concerns, misunderstandings and misgivings as to their property lines and as to whether the original surveyor may be liable for problems now in existence; and

Whereas, residential property owners in general often times express their disbelief upon learning that they have no title insurance coverage for survey matters, and that they original surveyor is insulated from liability upon the expiration of the statute of limitations or because the survey was not issued in their behalf or because the drawing has been altered; and

Whereas, it is the belief of the Society that such matters are not being adequately disclosed to the residential home buyer and the interest of the residential home buyer are not being sufficiently protected; and

Whereas, it is the opinion of our Board of Directors that such practices as are summarized in the foregoing preambles are detrimental and will result in financial loss to a considerable number of those members of the public who, without the benefit of a survey, will be purchasing residential property and putting it up as collateral without any reliable information as to encroachments, overlaps, boundary line disputes and other matters that might be disclosed by an accurate survey of the property by a licensed surveyor.

Be It Therefore Resolved by a vote of the Board of Directors of the National Society of Professional Surveyors that the general public be made aware of the pitfalls that they may encounter as a result of not insisting that a survey of the property be made by a licensed surveyor and furnished to them as a condition precedent to closing.

Be It Further Resolved that this organization is on record as strongly condemning and resisting the practice of eliciting affidavits from sellers of property as to matters of survey.....and the practice of distributing and using altered or outdated survey map/plat for transactions other than for which they were prepared.

ADOPTED NSPS BOARD OF DIRECTORS - APRIL 23, 1996

NOTE:There are many terminologies and procedures for the licensed land surveyors' professional work product. 'I'hese variations are typically dictated by state Land Surveyor Boards or state statute. As used herein, the word "survey" refers to the professional work product(s) dictated and/or approved in any particular state.