Standards of Practice: What Must Be Shown and Filed
You complete a boundary survey of a 5-acre parcel in a county that has adopted the state minimum standards for boundary surveys. The survey re-establishes two section corners and sets three new monuments along the parcel boundary. One re-established corner required proportionate measurement because the original monument was lost; the other was found intact. The client asks you to 'leave the section corner stuff off the plat because it confuses the lender,' and the lender's title company asks for a plat that shows only the parcel boundary and the new monuments. You also discover that a prior surveyor's plat from 1998 shows a different position for one of the section corners you re-established.
1. What must appear on the plat under the applicable standards, and can the client's request be honored?
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The client's request cannot be honored. Minimum standards for boundary surveys generally require the plat to show, at a minimum:
- The boundary of the parcel surveyed, with courses and distances.
- All monuments found, set, re-established, or replaced, identified by type and shown with their positions.
- The relationship of the parcel to the public land survey system, including the section, township, and range, and the corners relied upon.
- The basis of bearings and the date of the survey.
- The surveyor's seal, signature, and registration number.
- A statement of the nature of the survey and any qualifications or disclosures.
Re-established section corners are among the most important items on a boundary plat because they are the framework from which the parcel is located. Omitting them would misrepresent the survey and could mislead the lender and the public. The surveyor's professional and statutory obligations run to the accuracy and completeness of the plat, not to the client's preference for a simpler document. The surveyor should explain to the client and lender why the corners must be shown and, if a simplified exhibit is wanted for the lender, provide a separate non-record exhibit that is clearly labeled as not a boundary survey, while the record plat remains complete.
The 1998 plat showing a different corner position must also be addressed: the discrepancy should be disclosed on the plat or in a note, with an explanation of why your position differs (e.g., proportionate measurement of a lost corner versus the prior surveyor's method).
2. What records should be filed for the re-established corners, and how do you handle the conflict with the 1998 plat?
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For the re-established corners, file the corner records or monument records required by the state's minimum standards and the county recorder's procedures. Each record should identify the corner, the method of re-establishment (here, proportionate measurement for the lost corner; found intact for the other), the monument set or found, the controlling evidence, the basis of bearings, and the surveyor's seal and date. The three new boundary monuments should likewise be recorded as set monuments with their positions and ties.
For the conflict with the 1998 plat:
- Do not ignore it. A prior plat showing a different position for a section corner is significant evidence that must be evaluated, not suppressed.
- Investigate the prior surveyor's basis. Determine whether the 1998 position rested on a different (perhaps erroneous) method, such as holding record distance instead of proportioning, or on evidence since destroyed.
- Document your reasoning. On the plat or in a note, state that the 1998 plat shows a different position, explain why your re-establishment controls (e.g., original monuments and proportionate measurement), and identify the evidence relied upon.
- Notify as appropriate. In many jurisdictions the surveyor must notify the prior surveyor or the county surveyor of a conflicting corner position; follow the state's rule.
The surveyor's duty is to the integrity of the corner and the record, not to avoiding embarrassment or conflict. Disclose, explain, and file.