Law Suits Against Land Surveyors are Limited by Change in Law
June 2005
Senate Bill 14 reduces the time in which a person may seek recovery for damages incurred for an error in a survey of land from 20 to 15 years after the survey, or within three years after the discovery of the error, whichever occurs first.
The bill applies prospectively to causes of action arising on or after the bill’s October 1, 2005 effective date.
Currently a person may not seek contribution or indemnity for damages incurred for an error in a survey of land unless an action for damages is brought within 20 years of the survey, or within 3 years after the discovery of the error, whichever occurs first.
There are statutes of repose for other professions, including health care providers and architects, engineers, and contractors. The filing of an action for damages arising out of the rendering of or failure to render professional services by a health care provider is limited to the earlier of five years of the time the injury was committed or three years from the date the injury was discovered. An action against an architect, professional engineer, or contractor for damages resulting from the defective and unsafe condition of an improvement to real property must be filed within 10 years from the date the improvement became available for its intended use.
By way of background, several jurisdictions have 4 to 10 year statutes of repose for surveyors, including Delaware (6 years), the District of Columbia (10 years), Virginia (5 years), West Virginia (10 years), New York (10 years) and Tennessee (4 years).
Historically, an identical bill, SB 690 of 2004, was passed in the Senate; a hearing was scheduled in the House, but no further action was taken.
SB 14 was signed by the Governor on April 26, 2005. And as described above, the enacted revision to the Courts and Judicial Proceedings Article of the Annotated Code, reduces the time period after which a person may not seek damages incurred as a result of an error in a land survey from 20 years to 15 years or within 3 years after the discovery of the error, whichever occurs first.
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