especially in the residential market?
If so, can you cite the statute please?
TIA
JB
This is Idaho's survey requirments
55-1904. Records of Survey – When Filing Required. After making a land survey in
conformity with established principles of land surveying, a surveyor shall file a record of survey with the county recorder in the county or counties wherein the lands surveyed are situated. A record of survey shall be filed within ninety (90) days after completing any survey which:
(1) Discloses a material discrepancy with previous surveys of record;
(2) Establishes boundary lines and/or corners not previously existing or of record;
(3) Results in the setting of monuments at corners of record which were not previously monumented;
(4) Produces evidence or information which varies from, or is not contained in, surveys of record relating to the public land survey, lost public land corners or obliterated land survey corners; or
(5) Results in the setting of monuments that conform to the requirements of section 54-1227, Idaho Code, at the corners of an easement or lease area.
[55-1904, added 1978, ch. 107, sec. 1, p. 222; am. 2006, ch. 136, sec. 1, p. 391; am. 2011, ch. 136, sec. 18, p. 394.]
Are surveys required to convey property?
is what JB was asking.
In Alabama, no. The only exception is for new construction to verify building setbacks. Even that is not required everywhere.
Are surveys required to convey property?
Then the anwser would also be "no". A survey does not convey property and that is something we have been hammering into the local governments.
Are surveys required to convey property?
Perhaps I didn't word my question properly.
I am trying to find out if there are any States with a statute, something to the effect of:
"A property being conveyed shall be surveyed in accordance with the requirements for Land Surveying in the State of XXXX prior to a deed being recorded to convey the property"
If you have done any work in this area, or in trying to get the Title Insurance folks to require a survey, what was the result?
If you mean to divide land (with a minimum acreage) then yes.
If you mean to sell land that's already divided (which is what I think you mean) then no.
Only lenders and the title industry require that; and in my area that hasn't been a requirement for lenders or the title industry for at least 20 years.
And it never will be here.
In Ohio, there is no specific mandate but there are laws which allow counties to enforce minimum survey standards in descriptions for conveyance.
The effect, when applied efficiently, is to gradually update all descriptions as parcels are conveyed and presented for recording. It varies by county so "your mileage may vary". Here is an example of the policy in effect in Franklin County (Columbus):
It contains references to the authorizing state laws also.
Are surveys required to convey property?
I take it that is the statute in North Carolina. (I had heard there was some kind of law to that effect there from my cousin). It seems like a great idea. We have a real problem here (in my humble opinion) due to surveys not being done for "generations" of property transfer. As corners disappear, it takes more and more work and money to reestablish long-neglected boundaries that have slowly lost all of their pins throughout the decades. (which also makes it less attractive to have your property staked). Colorado has no such law (If that wasn't obvious from the context of my post above).
P.S. if it is a North Carolina statute, would you mind providing the link to it on line?
Are surveys required to convey property?
Not a Statute , but current President of Society is trying to get a Bill submitted to make it a law . I am not holding my breath.
Are surveys required to convey property?
> Perhaps I didn't word my question properly.
> I am trying to find out if there are any States with a statute, something to the effect of:
>
> "A property being conveyed shall be surveyed in accordance with the requirements for Land Surveying in the State of XXXX prior to a deed being recorded to convey the property"
>
> If you have done any work in this area, or in trying to get the Title Insurance folks to require a survey, what was the result?
No such requirement in ID or WA.
Hawai'i does, but I can't quote the law.
Are surveys required to convey property?
There are none that I know of, and this may be shocking, but at first blush, I can't imagine any state doing such a thing.
Making it illegal for two private individuals to transfer land without a survey? Not a chance, and it would be a very, very bad idea not only for the public, but for land surveying as a profession.
In Clinton County if money is changing hands them the property must close within a certain tolerance or it must have a survey and new description prior to transfer. Also if it has had more than 3 save and excepts off of the parent parcel then it must be surveyed. They will allow one transfer if no money is changing hands but the next transfer will require a survey.
Matt
Are surveys required to convey property?
> Then the anwser would also be "no". A survey does not convey property and that is something we have been hammering into the local governments.
Surveys obviously do not convey property. Most, if not all, local governments and educated individuals understand that, don't they? Do you have a special problem in a particular jurisdiction?
Where are you licensed?
Don
Are surveys required to convey property?
> There are none that I know of, and this may be shocking, but at first blush, I can't imagine any state doing such a thing.
>
> Making it illegal for two private individuals to transfer land without a survey? Not a chance, and it would be a very, very bad idea not only for the public, but for land surveying as a profession.
I agree. Such a thing would be a terrible idea. It would serve no purpose beyond drumming up work for the surveying profession. It would also lead to increased regulation of the surveying profession.
Anyone that wants to use the force of government to force someone else to benefit themselves is a statist of the highest degree and might ought to lean a thing or two about freedom and liberty.
Are surveys required to convey property?
> I agree. Such a thing would be a terrible idea. It would serve no purpose beyond drumming up work for the surveying profession.
It might drum up work, but not profit. The people who do $175 mortage surveys would just end up doing $175 boundary surveys. Surveys would become comoditized - prices and standards would fall.
Are surveys required to convey property?
Not in Maine.
Are surveys required to convey property?
In my little part of Ohio which as Carl Z. already said is run on a county by county level, most of the counties are requiring a survey for the parent tract if it has more the 3-5 exceptions. Some you can quit claim the parcel to you kids and then their kids. Some are requiring a good description to transfer. No more "east a few feet then north a few feet then whatever it takes to get back to the place of beginning".
