Mark W. Whiteley & Associates

1st response provided by business: I have been forwarded your email regarding the above referenced complaintIt is my understanding that [redacted] and her neighbor [redacted] are in a dispute over their common property line In the past we have performed boundary surveys for both partiesIn January we were contacted by [redacted] Title Company to perform a survey for the tract [redacted] was purchasing at [redacted] Drive The survey was performed on January 6, I did not or have since that time ever meet Mr [redacted] personally We have only spoken to each other by phone within the last few weeksIn October of [redacted] contacted us to prepare a survey of her property at [redacted] Drive She voiced a concern of the location of her East property line and the location of the neighbor’s driveway As usual we reviewed our records to see if we had performed a survey of her property and any adjoiners We found [redacted] ***’s survey and informed Ms [redacted] that we had surveyed his tract She requested a new survey be done on her property to verify the facts foundOn October 29, we performed her survey and prepare a plat denoting our findingsThe question regarding the location of Mr***’s driveway was shown on the plat We found it the same as in Ms [redacted] came by our office and I went over our findings with herA few weeks ago Mr [redacted] called and asked if I would come out to the property and discuss the location of the corners with both parties I said I would if Ms [redacted] was willing Apparently they could not work that out My only discussions with Mr [redacted] was in regards to the location of the driveway to the property line I am available to meet with both parties to review the findings of the survey and discuss the relationship between the location of the driveway and the property line [redacted] ***Vice PresidentMark WWhiteley & Associates, Inc.Phone: 409-892-ext 229Cell: [redacted] Fax: 409-892-TBPLS Firm No [redacted] TBPE Firm No [redacted] 2nd response provided by business: If I may I would like to contribute an addendum to Mr***'s comments regarding Ms [redacted] - [redacted] complaint Ms [redacted] - [redacted] complaint is that we "Invaded her privacy" by sharing personal information with her neighbor Mr [redacted] *** I can assure you that we did not share any private information about Ms [redacted] - [redacted] to Mr [redacted] nor did we give or show him a copy of her survey or his survey to her That is a violation of our Code of Ethics We did indicate on both surveys, however, the adjoinder (neighbor's) deed record information as that is a statutory requirement of the Texas Land Surveyor's Act I cannot attach copies of the surveys without the owner's permission, however, on both surveys the adjoinders are shown indicating the name of the fee title holder, the description of the property and the recordation information as to where these documents are filed in the County Clerk's office If this is why she has written the complaint, this is a statutory requirement and must be shown and cannot be avoided We perform hundreds of surveys a year and the fact that we surveyed both properties does not indicate that we "knew" each other or either one Mark WWhiteley, PE, RPLSPresidentMark WWhiteley and Associates, IncEastex FwyBeaumont, Texas 77703OFC:409-892-Fax: 409-892-

Revdex.com: I have reviewed the response made by the business in reference to complaint ID 12406738, and find that this resolution is satisfactory to me Sincerely, ***? ***

Complaint:
I am rejecting this response because:
Sincerely,
*** ***

I have contacted Mr*** by telephone this day around 5:p.m I am also sending him a letter as attached in the email Thank you for bringing this to my attention

1st response provided by business: I have been forwarded your email regarding the above referenced complaint. It is my understanding that *** *** *** and her neighbor *** *** are in a dispute over their common property line In the past we have performed boundary
surveys for both parties. In January we were contacted by *** *** Title Company to perform a survey for the tract *** *** was purchasing at *** *** Drive. The survey was performed on January 6, 2004. I did not or have since that time ever meet Mr*** personally. We have only spoken to each other by phone within the last few weeks. In October of *** *** *** contacted us to prepare a survey of her property at *** *** Drive. She voiced a concern of the location of her East property line and the location of the neighbor’s driveway. As usual we reviewed our records to see if we had performed a survey of her property and any adjoiners. We found *** ***’s survey and informed Ms*** that we had surveyed his tract. She requested a new survey be done on her property to verify the facts found. On October 29, we performed her survey and prepare a plat denoting our findings. The question regarding the location of Mr***’s driveway was shown on the plat. We found it the same as in 2004. Ms*** came by our office and I went over our findings with her. A few weeks ago Mr*** called and asked if I would come out to the property and discuss the location of the corners with both parties. I said I would if Ms*** was willing. Apparently they could not work that out. My only discussions with Mr*** was in regards to the location of the driveway to the property line. I am available to meet with both parties to review the findings of the survey and discuss the relationship between the location of the driveway and the property line. *** ***Vice PresidentMark WWhiteley & Associates, Inc.Phone: 409-892-ext 229Cell: ***Fax: 409-892-1346 TBPLS Firm No***TBPE Firm No*** 2nd response provided by business: If I may I would like to contribute an addendum to Mr***'s comments regarding Ms***-*** complaint Ms***-*** complaint is that we "Invaded her privacy" by sharing personal information with her neighbor Mr*** *** I can assure you that we did not share any private information about Ms***-*** to Mr*** nor did we give or show him a copy of her survey or his survey to her That is a violation of our Code of Ethics We did indicate on both surveys, however, the adjoinder (neighbor's) deed record information as that is a statutory requirement of the Texas Land Surveyor's Act I cannot attach copies of the surveys without the owner's permission, however, on both surveys the adjoinders are shown indicating the name of the fee title holder, the description of the property and the recordation information as to where these documents are filed in the County Clerk's office If this is why she has written the complaint, this is a statutory requirement and must be shown and cannot be avoided We perform hundreds of surveys a year and the fact that we surveyed both properties does not indicate that we "knew" each other or either one Mark WWhiteley, PE, RPLSPresidentMark WWhiteley and Associates, IncEastex FwyBeaumont, Texas 77703OFC:409-892-Fax: 409-892-

because the statement was not true a police officer *** who responded to several complaint was presence when Mr*** stated that he had conversation with the firm and was on phone with him decision my surveyalso took Mr*** to mediation and he had a copy there but since I filed this complaint with you he has removed his barrier off the disputed line and have not damaging my yard and flowers so either they talk to him or informed him of complaintbut he has stop but still think the company was not professional and shared my info because this did not start until after I got my survey and was away on vacation but thanks for your involvement and I feel it will be a he say she say for this point on and white is always right .so I will never deal with them again and life goes on because I believe in faith

Complaint:
I am rejecting this response because:
Sincerely,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID 12406738, and find that this resolution is satisfactory to me
Sincerely,
***? ***

because the statement was not true a police officer [redacted] who responded to several complaint was presence when Mr. [redacted] stated that he had conversation with the firm and was on phone with him decision my survey. also took Mr. [redacted] to mediation and he had a copy there . but since I filed this complaint with you he has removed his barrier off the disputed line and have not damaging my yard and flowers . so either they talk to him or informed him of complaint. but he has stop . but still think the company was not professional and shared my info because this did not start until after I got my survey and was away on vacation . but thanks for your involvement and I feel it will be a he say she say for this point on and white is always right .so I will never deal with them again and life goes on because I believe in faith.

1st response provided by business: I have been forwarded your email regarding the above referenced complaint. It is my understanding that [redacted] and her neighbor [redacted] are in a dispute over their common property line.  In the past we have performed boundary...

surveys for both parties. In January 2004 we were contacted by [redacted] Title Company to perform a survey for the tract [redacted] was purchasing at [redacted] Drive.  The survey was performed on January 6, 2004.  I did not or have since that time ever meet Mr. [redacted] personally.  We have only spoken to each other by phone within the last few weeks. In October of 2015 [redacted] contacted us to prepare a survey of her property at [redacted] Drive.  She voiced a concern of the location of her East property line and the location of the neighbor’s driveway.  As usual we reviewed our records to see if we had performed a survey of her property and any adjoiners.  We found [redacted]’s survey and informed Ms. [redacted] that we had surveyed his tract.  She requested a new survey be done on her property to verify the facts found. On October 29, 2015 we performed her survey and prepare a plat denoting our findings. The question regarding the location of Mr. [redacted]’s driveway was shown on the plat.  We found it the same as in 2004.  Ms. [redacted] came by our office and I went over our findings with her. A few weeks ago Mr. [redacted] called and asked if I would come out to the property and discuss the location of the corners with both parties.  I said I would if Ms. [redacted] was willing.  Apparently they could not work that out.  My only discussions with Mr. [redacted] was in regards to the location of the driveway to the property line.  I am available to meet with both parties to review the findings of the survey and discuss the relationship between the location of the driveway and the property line. [redacted]Vice PresidentMark W. Whiteley & Associates, Inc.Phone: 409-892-0421 ext 229Cell: [redacted]Fax: 409-892-1346 TBPLS Firm No. [redacted]TBPE Firm No. [redacted]  2nd response provided by business: If I may I would like to contribute an addendum to Mr. [redacted]'s comments regarding Ms. [redacted] complaint.  Ms. [redacted] complaint is that we "Invaded her privacy" by sharing personal information with her neighbor Mr. [redacted].  I can assure you that we did not share any private information about Ms. [redacted] to Mr. [redacted] nor did we give or show him a copy of her survey or his survey to her.  That is a violation of our Code of Ethics.  We did indicate on both surveys, however,  the adjoinder (neighbor's) deed record information as that is a statutory requirement of the Texas Land Surveyor's Act.  I cannot attach copies of the surveys without the owner's permission, however, on both surveys the adjoinders are shown indicating the name of the fee title holder, the description of the property and the recordation information as to where these documents are filed in the County Clerk's office.  If this is why she has written the complaint, this is a statutory requirement and must be shown and cannot be avoided.  We perform hundreds of surveys a year and the fact that we surveyed both properties does not indicate that we "knew" each other or either one.  Mark W. Whiteley, PE, RPLSPresidentMark W. Whiteley and Associates, Inc.3250 Eastex FwyBeaumont, Texas 77703OFC:409-892-0421 Fax: 409-892-1346