Posted By Cee Gee on 11/16/2008 at 11:03 AM
the past on this board we've debated whether we, as land surveyors, can
draft deeds and/or BLA's without "practicing law without a license"
(i.e. see the thread "Re: do you make deeds?" on 11/19/07).
stumbled on the following from an online record of a recent Maine board
disciplinary hearing. By a unanimous vote the licensee was sanctioned,
required to pay $1430, and no doubt unprofitably hassled and deprived
of sleep. The board is not the law and this may get appealed, but I
would think any Maine PLS would be wary of taking a casual attitude
toward this topic.
The board wrote: "[surveyor]... drafted the
proposed Boundary Line Agreement between ... [the parties], which is a
task beyond the scope of practice for a land surveyor. The Board
reasoned, in part, that drafting a Boundary Line Agreement with the
intent to convey property pursuant to that document was beyond the
scope of a land surveyor's license unless it was forwarded to an
attorney or someone else authorized to convey property."
Here's a link to the whole (long and windy) thing:
drafting BLA's in Maine
November 17, 2008