Non-owner wants survey
A question I ask myself every time this non-owner question is raised. If during the process of this survey, which includes filing a record-of-survey map, I discover something that is not what it appears to be, am I harming the owner in some way that might expose me to legal action. If the deal goes south or perceived value plummets.
Remember, the survey and its record may exist long after your client leaves the scene.
I suggest that you check with your E&O carrier about this, and structure your contract in a way that the property owner also acknowledges the conditions by which you work.
I have provided survey information to a buyer without setting any stakes which at the time I believed absolved me from the record-of-survey requirement but I have been enlightened that that is not the case when I discover something, dare I say like an encroachment, that might affect an adjoiner.
I believe that it is always in the owners best interest to commission the survey. With it they will attract more buyers and you know what that means.
Almost all ALTA surveys are requested pre-ownership.
Over 25 years ago a nearby survey firm was hired to survey 30 or 40 properties in a certain town. None of them were owned by the one paying the bill, which did get paid with no problem. The entire purpose was to document situations where the landowner was encroaching upon the street right-of-way. One of the properties belonged to the mayor. The one paying the bill was in a major battle with the city commissioners who were hammering him for encroaching on what was a drainage easement. He had plenty of money and enjoyed beating the city at their own game. Money was not a concern.
Half of the Surveys I have done, the client is not the owner. Never had that to be a problem.
I'm getting ready (if the state ever gets the contract to me) to do a series of RR crossing surveys along two miles of a state highway. I will be surveying on ~ 50 private properties that are not flipping the bill directly. I will send out ROE notification via mail, 10 days prior to beginning of work, to both the owner and occupants. Pretty simple once you get the owners info off of the tax rolls and it is good advertising too boot. It is also nice to know up front who is going to be a pain in the *** before I show up.
P.s. Even though I send out the letter I always knock on a door when on site.