C-41 Staking (Boundary Markers). Prior to the Scheduled Closing Date, Seller shall, at Seller's sole cost and expense, have a registered land surveyor stake the Property. Buyer may have a registered land surveyor verify the accuracy of the location of the stakes prior to closing. Seller shall reimburse Buyer for the cost of this verification at closing ONLY if the location of the original stakes proves to be inaccurate. Buyer understands that staking is not a survey and does not confirm the accuracy of the description or the land area of Property, or the absence of encroachments onto the property or onto a neighboring property.
In my opinion as a Professional Land Surveyor, Licensed in the States of Hawaii and California and Hawaii Land Court, the above colored and italisized wording is unnecessary and contradictory to the intent to provide correct boundary markers. Such wording incorrectly attempts to define the duties and responsibilies of a Professional Land Surveyor and should be not be a consideration of this contract of sale.
You should insist that your surveyor provide you with no less than the following:
a) Find and verify any existant boundary monuments.
b) Reestablish any obliterated boundary monuments
and mark such with the Surveyor's Registration No.
for future identification as proper boundary markers.
You should understand that the unlicensed practice of cadastral surveying is unlawful and that this would include boundary staking made by property owners, their neighbors, pin finders, Realtors and/or contractors.