In most cases it does not matter if the survey was done for a mortage report or a boundary. Anything of record needs to disclosed on the map. If this "easement" was not a recorded easement then any evidence of use, by anyone other than the land owner, is also normaly required to be shown on the plat. Some states differ as to what is required by their Minimun Standards for Surveys, but as a general rule what I stated above is true. If the surveyor was negligent, the damaged parties should file a complaint with the particuar state board that regulates surveying.
As far as E&O ins goes, not all states require it. Odd thing is that most states that have required E&O ins have done so at the urgings of the title industrury. Most insurance companies will require the surveyor to do "ALL" their work under contract and most title companies will not sign contracts with surveyors. Which I have told them, means we can't do business with them. So I end working for the buyer or seller and the title company, not being party to the contract, has no say in what goes on the final plat. If they have specific requirements for their underwitter that involve survey issues, they are out of luck. Be careful of what you wish for.
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