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Legislative Update

Actions against a surveyor

January 16, 2015 Filed Under: Civil

The House Judiciary Committee heard HB 1050, authored by Rep. Ober and Rep. McMillin, on actions against a surveyor. Rep. Ober introduced this bill, and explained that it provides that an action to recover damages for a deficiency in a land survey must be brought against the surveyor not later than 10 years after the date of the survey. The bill also sets forth requirements for providing a notice of a survey letter to an adjoining landowner. The bill provides that an action for damages for a survey completed before July 1, 2015, may not be brought against a surveyor unless the action is commenced within 15 years after the date of the survey.
A representative from the Indiana Society of Professional Land Surveyors testified supporting the bill, explaining that the language in the bill including the notice to adjoining landowners provides parties an opportunity to timely take action potentially impacting their property and addressed concerns about the effectiveness of the notice by requiring the recording of the survey. The bill passed 12-0.
Read the bill at http://iga.in.gov/legislative/2015/bills/house/1050.

Filed Under: Civil Tagged With: liability, statute of limitations

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