MN Land Surveyor cheat sheet

Retracement is the re-establishment of the location of an original boundary; it does not create a new boundary and does not correct errors in the original survey.

Priority of evidence in boundary retracement: (1) natural monuments, (2) artificial monuments, (3) distances, (4) directions, (5) area, unless the original survey clearly shows a different intent.

When a monument is lost, its position may be re-established by proportionate measurement between existing original monuments, using the original record distances as the basis.

An original monument set by the government survey is controlling over a later surveyor's measurement, even if the later measurement is more precise; the original monument marks the boundary.

A boundary line is a line of intersection of two vertical planes; the location of a corner is the intersection of two boundary lines on the ground, not merely a point on a map.

Possession and occupation lines are not controlling over the original survey, but they may be evidence of the location of an original monument or of an agreement boundary.

In retracement, the surveyor must first search for and identify original evidence (monuments, bearing trees, blazes, pits, mounds) before relying on measurements.

Proportionate measurement is used only when the original monument is lost and there are two or more original monuments on the same line to control the proportion; it is not used when a single original monument exists.

A deed call to a natural monument (e.g., a river, lake, or tree) generally controls over a call to an artificial monument or a distance, if the natural monument is certain and identifiable.

The best evidence rule in boundary law: original documents (deeds, plats, field notes) are preferred over copies or secondary evidence.

Parol evidence is generally not admissible to contradict or vary a written deed, but it may be admitted to explain an ambiguity or to locate a monument called for in the deed.

Boundary by agreement: adjacent landowners may establish a boundary by agreement if the location is uncertain and they actually agree on a line and occupy to it; the agreement binds them and successors.

Boundary by acquiescence: a long-standing boundary line, mutually recognized and treated as the boundary, may be binding even if not the true line, especially where improvements have been made in reliance.

Adverse possession in Minnesota: generally 15 years of actual, open, hostile, exclusive, and continuous possession under a claim of right; payment of taxes is not required for boundary by adverse possession under Minn. Stat. § 541.02, but color of title may affect the extent.

Estoppel in boundary cases: a landowner may be estopped from claiming the true boundary if they led an adjacent owner to believe a different line was the boundary and that owner relied on it to their detriment.

Practical location of boundaries requires (1) uncertainty as to the true line, (2) agreement on a line, and (3) occupation to that line; all three elements are generally required.

The doctrine of monuments: a call for a monument in a deed generally prevails over a call for distance or direction, but the monument must be the one intended by the parties.

In boundary disputes, the hierarchy of evidence is often: natural monuments > artificial monuments > courses and distances > area; however, the intention of the parties as expressed in the deed is paramount.

The PLSS divides land into townships 6 miles square, each containing 36 sections of 1 square mile (640 acres); sections are numbered 1 through 36, beginning at the northeast corner and proceeding west then east in alternating rows.

Principal meridians and base lines form the reference framework; in Minnesota, the principal meridians include the 4th (Wisconsin), 5th (Iowa/Missouri), and others; the base line for the 5th PM runs east-west through Iowa and Minnesota.

Standard parallels (correction lines) are established every 24 miles north and south of the base line to control convergence of meridians; township lines are run between them.

Guide meridians are run every 24 miles east and west of the principal meridian; they are not true meridians but are run parallel to the principal meridian to limit errors.

Section subdivision: a section is divided into quarter sections (160 acres) by lines run north-south and east-west through the section corners; further subdivision into quarter-quarter sections (40 acres) follows the same pattern.

In the PLSS, the north boundary of a township is a standard parallel or correction line; the west boundary is a guide meridian or standard line, and the resulting sections may be irregular in the western and northern tiers.

The rectangular survey system is based on the concept of running lines and setting corners; original corners are evidenced by monuments such as stone, iron, or wooden posts, bearing trees, mounds, or pits.

Fractional lots occur along the north and west tiers of a township due to convergence and the need to close on standard lines; their areas are determined by the original survey and recorded in the official plat.

The Manual of Surveying Instructions (current edition) governs the procedures for surveying and resurveying PLSS lands; it is published by the Bureau of Land Management (BLM).

Latitude and departure: latitude = distance × cos(bearing), departure = distance × sin(bearing); north and east are positive, south and west are negative.

For a closed traverse, the sum of latitudes must equal zero and the sum of departures must equal zero; misclosure is the amount by which they fail to close.

Compass rule (Bowditch) adjustment distributes the total error in latitude and departure in proportion to the length of each course: correction = (total error) × (course length / total traverse length).

Coordinate geometry: northing = previous northing + latitude; easting = previous easting + departure; coordinates are used to compute areas by the double meridian distance (DMD) method or the coordinate method (shoelace formula).

Area by DMD: double meridian distance of a course = DMD of previous course + departure of previous course + departure of current course; area = sum of (DMD × latitude) / 2.

Area by coordinates (shoelace): area = 0.5 × |Σ (N_i × E_{i+1} − N_{i+1} × E_i)|, where points are taken in order around the traverse.

Curve formulas: for a circular curve, tangent length T = R × tan(Δ/2), length of curve L = R × Δ (in radians), external distance E = R × (sec(Δ/2) − 1), middle ordinate M = R × (1 − cos(Δ/2)).

Degree of curve: arc definition D = 5729.578 / R (for feet); chord definition D = 2 × arcsin(50 / R) (for 100-ft chord); use the appropriate definition consistently.

Coordinate transformations: rotation and translation are used to transform between coordinate systems; a minimum of two common points is required for a 4-parameter transformation (translation and rotation), and three for a 6-parameter (with scale and separate rotations).

Total station combines electronic distance measurement (EDM) and electronic theodolite; EDM measures distance by phase shift of modulated light or microwave; accuracy is typically ±(2 mm + 2 ppm).

GNSS positioning: GPS, GLONASS, Galileo, and BeiDou constellations; RTK (real-time kinematic) provides centimeter-level accuracy using a base station and rover with a radio or cellular link.

GNSS errors include ionospheric and tropospheric delay, multipath, satellite clock and orbit errors; differential correction and dual-frequency receivers mitigate these errors.

Minnesota Coordinate System: based on the Minnesota Statutes, Chapter 505, and the National Spatial Reference System (NSRS); uses Lambert Conformal Conic projection; zones include North, Central, South, and a statewide zone.

The Minnesota Coordinate System is a legal system for describing positions; using it does not change boundary locations but provides a common reference; coordinates must be stated with the zone and datum.

Leveling: differential leveling uses a level and rod to determine elevation differences; the elevation of a point = backsight reading + known elevation − foresight reading; loop closure checks are required.

Vertical datums: NAVD 88 is the current vertical datum in Minnesota; NGVD 29 is older and may differ by several feet; conversions require a datum transformation model.

Horizontal datums: NAD 83 (current realization) is the standard; NAD 27 is older; coordinates must be transformed using published software (e.g., NGS tools) and not by simple shifts.

UAV/drone surveying and LiDAR are measurement tools; their use for boundary determination must be supported by ground control and verification against authoritative evidence; they do not replace original monuments.

Minn. Stat. § 505.01–505.16: Platting requirements, including the form and content of plats, subdivision of land, and the role of the county recorder and surveyor.

Minn. R. 1800.0010–1800.5000: Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design rules; includes standards of practice for land surveying.

Minn. Stat. § 326.02: Licensing requirements for land surveyors; practice without a license is prohibited; exemptions exist for certain employees and government surveyors.

Minn. R. 1800.3600: Land surveyor standards of practice; requires that surveys be performed with care and competence, and that surveyors follow the standards of the profession.

Minn. Stat. § 508: Registration of Torrens land (registered land); boundaries of registered land are determined by the court and shown on the certificate of title; a registered land survey may be required.

Minn. Stat. § 541.02: Adverse possession statute; 15 years for recovery of real property; payment of taxes not required for boundary by adverse possession under this section.

Minn. Stat. § 515B: Common interest ownership (condominiums, townhouses); affects platting and boundary descriptions for units and common elements.

Minn. Stat. § 160.085: Right-of-way and easements for highways; establishes the state's interest in highway rights-of-way and the procedure for determining boundaries.

Minn. R. 1800.5100: Continuing education requirements for land surveyors; licensees must complete a specified number of hours per renewal cycle, including ethics and rules.

An easement is a nonpossessory interest in land that gives the holder the right to use another's land for a specific purpose; it does not transfer title.

Easement appurtenant benefits a dominant parcel and burdens a servient parcel; it runs with the land and passes automatically with the dominant parcel.

Easement in gross benefits a person or entity, not a parcel; it is not transferable unless the easement is commercial or the parties intend otherwise.

Easement by prescription: similar to adverse possession, requires open, notorious, hostile, and continuous use for the statutory period (15 years in Minnesota) without permission.

Easement by necessity: implied by law when a landlocked parcel is created and there is no access; the easement location is determined by reasonable necessity and may be fixed by a court.

Right-of-way: a type of easement that grants the right to pass over land; can be public (highway, road) or private; public rights-of-way are often established by dedication, prescription, or condemnation.

Encumbrances include easements, restrictive covenants, liens, mortgages, and encroachments; they affect title and must be disclosed in a title report or survey.

A surveyor should show all visible evidence of easements and rights-of-way on a survey, and should not ignore them even if not in the record; they may affect the boundary or use of the land.

Minnesota law recognizes that a public road right-of-way may be established by statutory dedication, common law dedication, or prescription; the width and location must be determined from the record or by evidence.

A plat is a map of a subdivision of land that is recorded; it must comply with Minn. Stat. § 505 and local subdivision ordinances; it must be based on an accurate survey.

A subdivision plat must show: the name of the plat, the legal description, the names of the owners, the surveyor's certificate, the platting certificate, and the auditor's certificate.

Metes and bounds descriptions: use bearings and distances from a point of beginning (POB); must close mathematically; should reference monuments and adjoiners; the POB should be a monument or a well-defined point.

Lot and block descriptions: reference the recorded plat name, lot number, and block number; they are considered sufficient if the plat is properly recorded.

Strip descriptions: describe a parcel by its boundaries without closing; often used for rights-of-way; must be tied to the parent parcel and must be sufficiently certain.

Description by aliquot parts: uses PLSS subdivisions (e.g., the NW 1/4 of the SE 1/4); must include the section, township, range, and principal meridian; area is determined by the original survey.

Minnesota requires that plats be reviewed by the county surveyor or engineer and approved by the governing body before recording; the plat must be recorded in the office of the county recorder.

A certificate of survey (Minn. Stat. § 505.03) is required for certain land divisions and must be prepared by a licensed land surveyor; it is a recordable document.

When a description is ambiguous, the court may consider extrinsic evidence, including the plat, field notes, and the circumstances of the parties, to determine the intended boundary.