Is a surveyor payment at land purchase considered a fee?

Full question:

Is the payment to a surveyor at the time of land purchase considered a Fee?

• Category: Contracts
• Date: 04/07/2025
• State: West Virginia

Answer:

A fee is typically a payment for professional services. Whether a payment to a surveyor is classified as a fee can depend on the specific terms of the contract involved. If the contract does not clearly define the term, a court may look at outside evidence to determine the intent of the parties, provided this evidence does not contradict the written terms.

In contract law, there is a hierarchy of evidence used to clarify vague or incomplete contracts:

1. Terms from discussions and writings exchanged by the parties that do not contradict the contract;
2. Terms implied by the current and past conduct of the parties;
3. Terms implied by industry custom and practice;
4. Terms implied by applicable law, such as damages for breach, liability for negligence, jurisdiction, and venue.