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Question 1Legal Principles and Ohio Laws and Rules of Surveying
Under Ohio law, the county engineer is required to maintain a record of surveys. Which statement best describes the filing obligation for a survey performed by a licensed Ohio professional surveyor?
- The surveyor must file the survey with the state board that licenses surveyors
- The surveyor must file the survey with the recorder of the county only when a deed transfer occurs
- The surveyor must file the survey only with the Ohio Department of Transportation
- The surveyor must file a copy of the survey with the county engineer of the county where the land is located Correct answer.
Explanation
Ohio law requires a surveyor who performs a survey of lands within a county to file a copy of the survey with that county's engineer, who keeps a record of surveys. Filing is tied to the county where the land lies, not to a deed transfer or a state agency.
Question 2Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor discovers that a prior recorded survey of an adjoining parcel shows a monument that the surveyor cannot find. What is the most appropriate professional response when preparing a new survey of the subject parcel?
- Show the monument as found and set a replacement at the same location without comment
- Adopt the prior survey's bearings without field verification to preserve consistency
- Note the discrepancy and the search made for the monument in the survey records and on the plat Correct answer.
- Silently ignore the prior survey because it covers a different parcel
Explanation
Professional practice and Ohio survey standards require the surveyor to document evidence found, evidence sought, and discrepancies rather than conceal them. A missing monument that appears in prior records should be noted along with the search effort so later users understand the basis of the survey.
Question 3Legal Principles and Ohio Laws and Rules of Surveying
In Ohio boundary law, which type of evidence generally carries the greatest weight when it conflicts with a written bearing or distance in a deed?
- The area stated in the deed
- The bearing called for in the deed
- The distance called for in the deed
- An original monument called for in the deed that is found undisturbed Correct answer.
Explanation
The hierarchy of evidence places natural or original monuments above courses, distances, and area. A found original monument called for in the deed controls over the deed's written bearing, distance, or stated area.
Question 4Legal Principles and Ohio Laws and Rules of Surveying
A surveyor is retained to retrace a boundary originally created by a government rectangular survey. The original township corner monument is missing, but two original section corner monuments along the same line are found. What is the accepted approach for restoring the missing corner?
- Set the corner by proportioning between the found original corners along the line Correct answer.
- Set the corner using the recorded platted distance from the nearest township line
- Set the corner at the location that gives each parcel equal area
- Set the corner at the mathematical midpoint between the two found section corners on that line
Explanation
When an original corner is lost and original corners controlling the line are found, the standard practice is to reestablish the lost corner by single proportionate measurement between the found original corners. Proportioning preserves the record relationships along that line.
Question 5Legal Principles and Ohio Laws and Rules of Surveying
Which body in Ohio is responsible for licensing professional surveyors and administering the licensure examination and rules of practice?
- The Ohio Real Estate Commission
- The county engineer's office
- The Ohio Board of Registration for Professional Engineers and Surveyors Correct answer.
- The Ohio Department of Natural Resources
Explanation
Ohio's professional engineers and surveyors are licensed and regulated by the state board of registration for those professions. That board adopts rules of practice and administers licensure, including examinations.
Question 6Legal Principles and Ohio Laws and Rules of Surveying
An unlicensed individual prepares a boundary survey and delivers a signed plat to a client in Ohio. Which statement best describes the legal status of that act?
- It is lawful if the plat is not recorded
- It is lawful if the client signs a waiver of licensure
- It is lawful if the individual works under the supervision of a licensed surveyor and the licensed surveyor signs the plat Correct answer.
- It is lawful because boundary surveys are not regulated in Ohio
Explanation
Surveying practice is regulated, and work performed by unlicensed personnel must be done under the responsible charge of a licensed surveyor who signs and seals the work. Supervision plus the licensed surveyor's signature is what makes the practice compliant.
Question 7Legal Principles and Ohio Laws and Rules of Surveying
A surveyor signs and seals a plat. Under Ohio practice, what does the seal represent?
- That the state board has approved the survey's technical content
- That the plat has been accepted for recording by the county recorder
- That the survey was reviewed by the county engineer
- That the surveyor takes professional responsibility for the work Correct answer.
Explanation
A signature and seal indicate that the licensed professional prepared or directly supervised the work and accepts responsibility for it. It is not a government approval of the content.
Question 8Legal Principles and Ohio Laws and Rules of Surveying
A deed describes a parcel as bounded by "the center of the creek" without further description. In Ohio, what is the general rule for the boundary in a non-navigable watercourse?
- The boundary is the ordinary high water mark on the grantor's side
- The boundary is the low water mark on the grantee's side
- The boundary is the thread or middle of the stream unless the deed states otherwise Correct answer.
- The boundary is the nearest bank regardless of the deed language
Explanation
For non-navigable watercourses, Ohio follows the common-law rule that a conveyance to the water bounds the grantee at the thread of the stream absent contrary language. The deed's creek call is thus construed to the middle of the stream.
Question 9Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor is asked to locate a boundary line that has been recognized and treated as the boundary by adjoining owners for more than twenty-one years, even though the deed line lies several feet away. Which doctrine is most relevant?
- Adverse possession of the entire parcel
- Practical location or acquiescence Correct answer.
- Prescription
- Easement by necessity
Explanation
Where adjoining owners have mutually recognized and acquiesced in a line as their boundary for the statutory period, Ohio courts may treat that line as the true boundary under the doctrine of practical location or acquiescence. It differs from adverse possession because both parties treat the line as the boundary.
Question 10Legal Principles and Ohio Laws and Rules of Surveying
Which of the following is the best example of a natural monument used in boundary retracement?
- A bearing tree called for in the original survey Correct answer.
- A stone marked with the original surveyor's initials
- A steel pin set by a prior surveyor
- A fence line built by the current owner
Explanation
Natural monuments are objects of nature such as trees, streams, and rocks that were called for in the original survey. A bearing tree is a classic natural monument and generally controls over artificial monuments and written calls.
Question 11Legal Principles and Ohio Laws and Rules of Surveying
A surveyor is preparing a plat for recording in Ohio and must show the basis of bearings. Which statement best reflects accepted practice?
- The basis of bearings must reference a stated monument or a recorded line and be noted on the plat Correct answer.
- The basis of bearings is required only for parcels larger than ten acres
- The basis of bearings may be omitted if magnetic north was used
- The basis of bearings must always be true north from the state plane system
Explanation
A plat must state the basis of bearings so that users can relate the bearings to a known reference. This is typically a monument or a recorded line identified on the face of the plat.
Question 12Legal Principles and Ohio Laws and Rules of Surveying
A landowner grants a right to cross a parcel to reach a public road, and the grant is in writing and recorded. Which interest has been created?
- A fee simple estate
- A license
- An easement appurtenant Correct answer.
- A prescriptive right
Explanation
A written, recorded grant of a right of way benefiting an adjoining parcel creates an easement appurtenant. The right attaches to the dominant estate and runs with the land.
Question 13Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor is reviewing a deed that contains a call for a distance of "100 feet more or less" to a set iron pin. The pin is found, but the measured distance is 96 feet. How should the surveyor treat the call?
- The parcel must be divided to average the discrepancy
- The pin controls, and the measured distance is reported as found Correct answer.
- The distance controls, and the pin should be moved to 100 feet
- The call is void because the distance is not exact
Explanation
The phrase "more or less" signals that the distance is approximate, and monuments control over distances in the hierarchy of evidence. The found pin is accepted, and the measured distance is reported as found.
Question 14Legal Principles and Ohio Laws and Rules of Surveying
Which Ohio statute governs the practice of engineering and surveying and establishes the licensure requirements administered by the state board?
- Ohio Revised Code Chapter 5301
- Ohio Revised Code Chapter 1509
- Ohio Revised Code Chapter 711
- Ohio Revised Code Chapter 4733 Correct answer.
Explanation
Ohio Revised Code Chapter 4733 regulates professional engineers and surveyors, including licensure and practice requirements. The state board administers those provisions.
Question 15Legal Principles and Ohio Laws and Rules of Surveying
A surveyor sets a new monument at a corner of a parcel. Which practice best supports the reliability of that monument for future retracement?
- Record the monument type, position, and basis of location in the survey records and on the plat Correct answer.
- Use a monument type that differs from any nearby original monument
- Set the monument only after the adjacent owner agrees in writing
- Set the monument without a record so later surveyors rely on physical evidence alone
Explanation
Monument reliability depends on a clear record linking the monument to the survey and to the basis of its location. Recording the type, position, and basis of location allows future surveyors to identify and rely on it.
Question 16Legal Principles and Ohio Laws and Rules of Surveying
In Ohio, which statement correctly describes the effect of recording a plat of a subdivision?
- It dedicates streets and establishes lot lines as shown on the approved plat Correct answer.
- It eliminates the need for individual deeds to lot purchasers
- It transfers title to all lots to the county
- It supersedes all prior recorded deeds in the county
Explanation
Recording an approved subdivision plat dedicates streets and public ways and establishes the lot lines depicted. Individual lot titles are still conveyed by deed.
Question 17Legal Principles and Ohio Laws and Rules of Surveying
An owner whose land is landlocked by a single surrounding owner claims a right to cross that owner's land to reach a public road. Which doctrine is most directly applicable?
- Easement by prescription
- Easement in gross
- Easement by estoppel
- Easement by necessity Correct answer.
Explanation
An easement by necessity arises when a parcel is landlocked and the right of access is implied from the circumstances of the original severance. The right is limited to the reasonable access needed.
Question 18Legal Principles and Ohio Laws and Rules of Surveying
A surveyor discovers that a fence has been treated as the boundary between two parcels for many years, but the deed line is clearly marked by an original stone. Which principle should guide the surveyor's depiction?
- The fence controls because long use always overcomes a monument
- The surveyor should refuse to complete the survey
- The original stone controls as the best evidence of the deed line, with the fence noted as an occupation line Correct answer.
- The surveyor should choose whichever line produces the larger parcel for the client
Explanation
An original monument called for in the deed is the best evidence of the boundary line, and long occupation alone does not automatically overcome it. The surveyor should depict the monument line and note the fence as an occupation line so the discrepancy is documented.
Question 19Legal Principles and Ohio Laws and Rules of Surveying
Which of the following best describes the surveyor's duty when a client requests that a survey plat omit a recorded easement that affects the parcel?
- Comply with the client's request because the client owns the land
- Comply if the easement is not currently in use
- Show the easement only if the client pays an additional fee
- Decline to omit the easement and show it on the plat Correct answer.
Explanation
A surveyor has a professional and public duty to depict recorded encumbrances and other matters of record that affect the parcel. Omitting a known recorded easement at a client's request would misrepresent the property.
Question 20Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor is asked to establish a line that was never before surveyed, dividing a parcel into two conforming lots. Which term best describes this type of survey?
- Retracement survey
- Topographic survey
- Construction survey
- Original survey Correct answer.
Explanation
An original survey establishes new lines or parcels that have not previously been created by survey. A retracement survey, by contrast, follows and reestablishes existing boundaries.
Question 21Legal Principles and Ohio Laws and Rules of Surveying
Which statement best describes the role of the county engineer regarding subdivision plats in Ohio?
- The county engineer reviews and approves plats for conformance with applicable requirements before recording Correct answer.
- The county engineer records plats and collects transfer taxes
- The county engineer serves as the sole owner of all dedicated streets
- The county engineer issues professional surveyor licenses
Explanation
The county engineer reviews subdivision plats for conformance with statutory and local requirements and approves them before recording. Recording itself is handled by the county recorder.
Question 22Legal Principles and Ohio Laws and Rules of Surveying
A deed conveys a parcel "beginning at a post in the northeast corner of the grantor's land." The post is missing, but the grantor's adjoining deed calls for an original oak tree at that corner that is still standing. How should the surveyor locate the point of beginning?
- At the location that makes the parcel rectangular
- At the oak tree, because the called-for original monument controls Correct answer.
- At the point that gives the grantee the stated area
- At the midpoint between the two nearest found corners
Explanation
The deed's reference to the corner of the grantor's land incorporates the monument called for in the adjoining deed. The original oak tree is the best evidence of that corner and controls over geometric or area-based guesses.
Question 23Legal Principles and Ohio Laws and Rules of Surveying
Which of the following is required of an Ohio licensed surveyor regarding continuing professional competence?
- Nothing beyond initial licensure
- Completion of continuing education as required by the state board for license renewal Correct answer.
- Membership in a professional surveyor association
- Annual reexamination by the state board
Explanation
Ohio requires licensed surveyors to complete continuing education as a condition of license renewal, as established by the state board's rules. Initial licensure alone does not maintain the license.
Question 24Legal Principles and Ohio Laws and Rules of Surveying
A surveyor's plat shows a distance between two found monuments that differs from the deed distance by 0.8 foot. What is the most defensible way to present the measurement on the plat?
- Show only the deed distance to avoid confusion
- Show the measured distance as found and note the deed distance for comparison Correct answer.
- Show the average of the deed and measured distances
- Show no distance and rely on the monuments alone
Explanation
The plat should report the measured distance as found so the record reflects actual field evidence. Noting the deed distance alongside it documents the discrepancy for users of the survey.
Question 25Legal Principles and Ohio Laws and Rules of Surveying
Which statement best describes the legal significance of a boundary monument that is found undisturbed and matches the position called for in the original survey?
- It controls only if it is a metal monument
- It is merely persuasive and may be disregarded at the surveyor's discretion
- It is strong evidence of the original boundary and generally controls over later written measurements Correct answer.
- It has no weight unless the adjoining owner agrees to it
Explanation
An undisturbed original monument matching the record calls is the best available evidence of the original boundary location. Under the hierarchy of evidence, it generally controls over bearings, distances, and area.
Question 26Legal Principles and Ohio Laws and Rules of Surveying
Under Ohio law, which body administers the licensing examinations and issues licenses to professional surveyors?
- The Ohio State Board of Registration for Professional Engineers and Surveyors Correct answer.
- The Ohio Board of Building Standards
- The county engineer of the surveyor's county of residence
- The Ohio Department of Natural Resources, Division of Real Estate
Explanation
Ohio licenses engineers and surveyors through the State Board of Registration for Professional Engineers and Surveyors, which administers exams and issues and renews licenses under the applicable Revised Code chapter. County officials and other agencies do not grant surveying licensure.
Question 27Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor is preparing a record plat and must identify the legal basis for the bearings shown. Which practice reflects proper Ohio procedure?
- Show bearings as magnetic north without noting declination or date
- State the basis of bearings in a legend and reference a record source such as a recorded plat or deed bearing Correct answer.
- Leave the basis of bearings to the county engineer to add during review
- Omit the basis of bearings and let the recorded distances imply the orientation
Explanation
A record plat should state the basis of bearings in a legend and tie it to a record source so later retracement can reproduce the orientation. Silent or unqualified magnetic bearings are unreproducible because declination changes over time.
Question 28Legal Principles and Ohio Laws and Rules of Surveying
In Ohio, a written grant of a right to cross a parcel to reach a public road, recorded by the grantee, creates which interest?
- An appurtenant easement that runs with the benefited land Correct answer.
- A prescriptive right arising by operation of law
- A fee simple estate in the roadway strip
- A license revocable at the grantor's will
Explanation
A written, recorded grant of passage for the benefit of a particular parcel creates an easement appurtenant that passes with the dominant estate. It is not a conveyance of the fee and does not depend on revocation or prescription.
Question 29Legal Principles and Ohio Laws and Rules of Surveying
A surveyor discovers that adjoining owners have treated a fence as the boundary for many years, though the deed line lies elsewhere. Ohio courts generally resolve such a long-recognized line as which of the following?
- An unenforceable oral agreement void under the statute of frauds
- The agreed boundary, binding the parties and their successors Correct answer.
- A temporary occupation with no legal effect
- A trespass to be removed at the surveyor's direction
Explanation
Ohio recognizes boundary by agreement or acquiescence where adjoining owners treat a line as the boundary for a long period, making that line binding on the parties and their successors. The surveyor should depict the recognized line and note the discrepancy with the deed.
Question 30Legal Principles and Ohio Laws and Rules of Surveying
Which item is the best example of a natural monument in boundary retracement?
- A blazed oak tree at a corner Correct answer.
- A call for adjoiner's deed line
- A calculated coordinate pair in state plane feet
- A concrete monument with a brass cap
Explanation
Natural monuments are objects of nature such as trees, streams, or rock outcrops, and an original blazed tree is a classic example. Artificial monuments and record calls are distinct categories.
Question 31Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor is asked to divide a parcel into two conforming lots along a line never before surveyed. This work is best characterized as which type of survey?
- A topographic survey for drainage design
- A right-of-way taking plan
- An original survey creating a new line Correct answer.
- A retracement of an existing boundary
Explanation
Establishing a wholly new dividing line is an original survey because the surveyor creates a line that did not previously exist. Retracement, by contrast, seeks to reproduce an existing boundary from record evidence.
Question 32Legal Principles and Ohio Laws and Rules of Surveying
Which statement best describes the county engineer's role when a subdivision plat is submitted for approval in Ohio?
- The engineer sets all lot corners before the plat is recorded
- The engineer independently resurveys every lot and certifies the surveyor's measurements
- The engineer reviews the plat for compliance with subdivision regulations and may approve, modify, or disapprove it Correct answer.
- The engineer records the plat without review once the surveyor's seal appears
Explanation
Ohio law assigns the county engineer a review function over subdivision plats for conformity with applicable regulations, with authority to approve, modify, or disapprove. The engineer does not perform or certify the surveyor's work.
Question 33Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor's plat shows a measured distance between two undisturbed found monuments that differs from the deed distance by 0.8 foot. What is the most defensible treatment?
- Hold the deed distance and ignore the monuments as unreliable
- Move one monument to restore the deed distance
- Hold the monuments and show the measured distance with a note explaining the record discrepancy Correct answer.
- Average the deed and measured distances and show the mean
Explanation
Under monument precedence, undisturbed original monuments control over record distances, so the measured value is shown with an explanatory note. Moving monuments or blending values obscures the evidence and misleads later retracement.
Question 34Legal Principles and Ohio Laws and Rules of Surveying
A client asks an Ohio surveyor to leave a recorded utility easement off the plat to help a sale. How should the surveyor respond?
- Show it only if the utility company requests depiction
- Omit it because easements are the title company's responsibility alone
- Omit it if the client signs a written waiver of disclosure
- Refuse to omit the easement because the plat must show recorded encumbrances affecting the parcel Correct answer.
Explanation
A surveyor's professional and statutory obligations require depicting recorded easements and other encumbrances that affect the parcel, and a client cannot waive that duty. Omitting a known recorded easement misrepresents the property to third parties.
Question 35Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor sets a new iron pin at a parcel corner. Which practice best preserves the pin's value as evidence for future retracement?
- Set the pin without a cap to avoid implying a licensed origin
- Set the pin loosely so it can be adjusted later
- Set the pin and describe it only by its coordinate values
- Set the pin at the computed position, reference it to record monuments, and describe it on the plat with ties Correct answer.
Explanation
A new monument gains evidentiary value when it is reliably positioned, tied to record evidence, and described on the plat so later surveyors can identify and verify it. Coordinates alone are weak evidence because they depend on an assumed datum.
Question 36Legal Principles and Ohio Laws and Rules of Surveying
A deed conveys a parcel 'beginning at a post in the northeast corner of the grantor's land.' The post is gone, but the grantor's land and adjoining deeds are of record. What is the proper approach?
- Defer the boundary to the grantor's memory of the post
- Treat the missing post as eliminating the call and begin at the nearest road
- Select any convenient point near the described location
- Reestablish the corner from record calls and accepted evidence of the original position Correct answer.
Explanation
When a called monument is lost, the surveyor reestablishes its original position from record evidence and accepted collateral evidence rather than choosing a new point. The reestablished corner must be defensible from the available record.
Question 37Legal Principles and Ohio Laws and Rules of Surveying
Under Ohio practice, what does a surveyor's seal and signature on a plat represent?
- A transfer of liability to the recording office
- A guarantee that all boundary lines are judicially confirmed
- A certification that the county engineer approved the plat
- The licensed surveyor's acceptance of professional responsibility for the work depicted Correct answer.
Explanation
The seal and signature identify the licensed professional who prepared the work and accepts responsibility for it. They do not certify judicial confirmation or shift liability to reviewers or recorders.
Question 38Legal Principles and Ohio Laws and Rules of Surveying
A surveyor is asked to locate a boundary that adjoining owners have long treated as fixed even though the deed line differs. Which doctrine most directly supports relying on the recognized line?
- Rule against perpetuities
- Easement by necessity
- Boundary by acquiescence or agreement Correct answer.
- Doctrine of merger by deed
Explanation
Ohio recognizes boundary by acquiescence or agreement where adjoining owners have long treated a line as the boundary, making it binding. The other doctrines address unrelated property concepts.
Question 39Legal Principles and Ohio Laws and Rules of Surveying
In Ohio, the recording of an approved subdivision plat accomplishes which of the following?
- It eliminates all prior easements of record
- It converts the subdivision into a single unplatted tract
- It automatically conveys title to every lot to the subdivider's heirs
- It provides public record notice of the lot lines and dedications shown on the plat Correct answer.
Explanation
Recording gives public notice of the layout, lot lines, and dedications depicted, which is why plat accuracy and completeness matter. Recording does not itself transfer title to lots or extinguish prior recorded easements.
Question 40Legal Principles and Ohio Laws and Rules of Surveying
A deed calls for '100 feet, more or less' to a set iron pin. The measured distance is 100.6 feet. How should the surveyor treat the call?
- The pin controls, and the qualifier 'more or less' accommodates the small difference Correct answer.
- The surveyor should split the difference at 100.3 feet
- The distance controls, so the pin must be moved to 100.0 feet
- The qualifier makes the call void and the pin irrelevant
Explanation
Monument calls generally prevail over distance calls, and a 'more or less' qualifier signals that the stated distance is approximate. The measured difference is consistent with that qualifier and does not justify moving the monument.
Question 41Legal Principles and Ohio Laws and Rules of Surveying
An owner whose land is entirely surrounded by a single other owner claims passage to a public road. Which doctrine is most relevant in Ohio?
- Easement by necessity Correct answer.
- Easement in gross
- Easement by prescription
- Easement by estoppel
Explanation
An easement by necessity may arise when a parcel is landlocked by a single surrounding owner and strict necessity for access exists. Prescription and estoppel require different facts, and an easement in gross lacks a dominant estate.
Question 42Legal Principles and Ohio Laws and Rules of Surveying
Which statement best describes a surveyor's duty when preparing a plat that will be recorded in Ohio?
- The surveyor may omit encroachments if the client requests confidentiality
- The surveyor must depict the survey accurately and completely, including known encroachments and easements affecting the parcel Correct answer.
- The surveyor must resolve all title disputes before recording
- The surveyor may rely solely on the deed without field evidence
Explanation
A record plat must accurately and completely represent the survey, including known encroachments and recorded easements, so the public record is reliable. Surveyors do not adjudicate title disputes; they depict evidence and note conflicts.
Question 43Legal Principles and Ohio Laws and Rules of Surveying
A surveyor finds a stream that the deed names as the boundary. Under Ohio rules of construction, what generally controls the location of the line?
- The nearest fence line to the stream
- The top of the near bank in all cases
- The thread or center of the stream, absent a contrary call Correct answer.
- The low-water mark regardless of deed language
Explanation
Where a deed bounds land by a non-navigable stream without contrary language, the boundary generally extends to the thread or center of the stream. Fence lines and banks do not control absent specific deed language.
Question 44Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor is asked to retrace a line established by an earlier survey whose monuments are undisturbed and match the record. What weight should those monuments receive?
- They are irrelevant unless the earlier plat was recorded
- They are advisory only and may be replaced by computed positions
- They are relevant only if the earlier surveyor is still licensed
- They are controlling evidence of the original boundary Correct answer.
Explanation
Undisturbed original monuments that match the record are the best evidence of the original boundary and control over later computations. Their weight does not depend on the earlier surveyor's current license status.
Question 45Legal Principles and Ohio Laws and Rules of Surveying
Which Ohio statute chapter principally governs the practice of engineering and surveying and the licensure requirements administered by the registration board?
- Revised Code Chapter 4733 Correct answer.
- Revised Code Chapter 5301
- Revised Code Chapter 711
- Revised Code Chapter 303
Explanation
Ohio Revised Code Chapter 4733 addresses professional engineers and surveyors, including licensure and practice requirements. The other chapters address conveyances, platting, and county planning matters.
Question 46Legal Principles and Ohio Laws and Rules of Surveying
An unlicensed person prepares a boundary survey and delivers a sealed plat to a client in Ohio. Which statement best describes the legal consequence?
- The act is permissible if the person works under a title company
- The plat is valid because the client accepted it
- The plat becomes valid once recorded by the county
- The act is unauthorized practice subject to enforcement by the registration board Correct answer.
Explanation
Preparing and sealing a boundary survey without a license constitutes unauthorized practice, which the registration board may enforce. Client acceptance or recording does not cure the lack of licensure.
Question 47Legal Principles and Ohio Laws and Rules of Surveying
How does Ohio law generally address continuing professional competence for licensed surveyors?
- Licensees must satisfy continuing education requirements to renew their licenses Correct answer.
- Continuing education is voluntary and has no effect on renewal
- Continuing education is required only for engineers, not surveyors
- Licensees renew automatically with no further requirements after initial licensure
Explanation
Ohio requires licensees to complete continuing education as a condition of renewal, reflecting the board's mandate to maintain professional competence. Renewal is not automatic and applies to surveyors as well as engineers.
Question 48Legal Principles and Ohio Laws and Rules of Surveying
A surveyor is retracing a parcel where the deed calls for a stone at the corner, but a different stone is found several feet away with no evidence linking it to the original. How should the surveyor proceed?
- Treat the original corner as lost and reestablish it from record and collateral evidence Correct answer.
- Ignore both the deed call and the found stone and set a new corner arbitrarily
- Report the discrepancy to the client and take no position on the corner
- Accept the found stone as the original corner without further analysis
Explanation
A found monument that cannot be tied to the original position is not accepted as the original corner; the corner is treated as lost and reestablished from record and collateral evidence. Arbitrary placement or refusing to analyze the evidence fails the retracement duty.
Question 49Legal Principles and Ohio Laws and Rules of Surveying
An Ohio surveyor is asked to depict a boundary that depends on a deed call for an adjoiner's line that conflicts with a call for a monument. Which principle best guides resolution?
- Monument calls generally prevail over calls for adjoiners and distances Correct answer.
- Distances always prevail over all other calls
- The surveyor should choose the call yielding the larger parcel
- Adjoiner calls always prevail over monument calls
Explanation
Ohio follows the general hierarchy in which natural or artificial monuments control over courses, distances, and adjoiner references, because monuments best reflect the parties' original intent on the ground. Choosing the larger parcel is not a rule of construction.
Question 50Legal Principles and Ohio Laws and Rules of Surveying
A surveyor discovers a recorded easement that crosses a parcel but is not mentioned in the client's deed. What is the best professional response?
- Omit the easement because it is absent from the client's deed
- Depict the recorded easement on the plat and note the discrepancy for the client and title review Correct answer.
- Depict the easement as a boundary line of the parcel
- Depict the easement only if the client authorizes it in writing
Explanation
A recorded easement burdens the parcel regardless of whether it appears in the client's deed, so the surveyor should depict it and flag the discrepancy. Omission would misrepresent the property, and an easement is not a boundary line.