The new Florida surveying rules came out a week ago and had some significant changes. One is that while in previous versions, we were directed to perform a boundary survey "in complete accord with the real property description". It now goes on to say that your survey is "to conform with the record title boundaries" What does this mean to you? Does that mean we should not take into consideration any evidence outside of what is mentioned in the description? In your opinion, is that what a boundary survey is supposed to be?
The rule in question is as follows:
5J-17.052 Boundary Survey Requirements.
(1) Boundaries of Real Property:
(a) The surveyor and mapper shall make a determination of the position of the boundary of real property in complete accord with the real property description shown on the survey map or report and map. In order to ensure adequate and defensible real property boundary locations:
1. Every parcel of land whose boundaries are surveyed shall be made to conform with the record title boundaries of such land, taking into account relevant requirements of law concerning whether the survey is original or a resurvey.
2. Prior to making the survey, the licensee shall perform research of records with sufficient scope and depth to identify with reasonable certainty:
a. The location of the record boundaries,
b. Conflicting record and ownership boundary locations within, abutting or affecting the property or access to same,
c. None of the above is intended to require the surveyor to perform a title search.
3. A field survey shall be made locating monuments and evidence of occupation, appropriate or necessary and coordinate the facts of said survey with the analysis of the record title.
(b) Monuments shall be set or held as marking the corners after a well-reasoned analysis by the licensee.
(c) All boundary surveys shall result in a map (hardcopy and/or digital) and it shall be stated on the map that the survey is a ??Boundary Survey.?
(d) Any discrepancies between the survey map and the real property description shall be shown.
(e) Survey data shall be shown to positively describe the boundaries of the surveyed property. For portions of the property bounded by an irregular line, distances and directions to the irregular boundary shall be shown with as much certainty as can be determined or as ??more or less,? if variable.
(f) Surveys of all or part of a lot(s) which is part of a recorded subdivision shall show the lot(s) and block numbers or other designations, including those of adjoining lots.
(g) Surveys of parcels described by metes and bounds shall show all information called for in the property description, including point of commencement, course bearings and distances, and point of beginning.
(h) When the results of the survey differ significantly from the record,or if a fundamental decision related to the boundary resolution is not clearly reflected on the plat or map, the surveyor shall explain this information with notes on the face of the plat or map.
(i) Surveys of parcels with water boundaries shall describe the feature located including, top of bank, edge of water, mean high water line, ordinary high water line and the method used to locate the water boundary. Water boundaries may be located in their approximate position as long as this is adequately depicted and explained with notes on the face of the plat or map.
I only visit Florida, but I would say your law requires you to show record and field measurements, but in the end I would hang my hat on this:
"(b) Monuments shall be set or held as marking the corners after a well-reasoned analysis by the licensee."
Steve
"In your opinion, is that what a boundary survey is supposed to be?" The limits of what the title owner has a legal right to hold. I see no conflict with this definition in accordance with the quoted rule. Surveyors deal with where title boundaries are located. Lawyers deal with what title is. The title may describe the land owned as the west 100 feet of lot A (what) and the surveyor may measure 101 between the legal established boundaries. (where)
"In your opinion, is that what a boundary survey is supposed to be?" The limits of what the title owner has a legal right to hold. I see no conflict with this definition in accordance with the quoted rule. Surveyors deal with where title boundaries are located. Lawyers deal with what title is. The title may describe the land owned as the west 100 feet of lot A (what) and the surveyor may measure 101 between the legal established boundaries. (where)
"With all due respect toward Brown, Dean or McEntyre, their writings on the topic of ??unwritten rights,? ??conveyances? and ??methods? fail to recognize that we are not dealing with something unwritten; we are dealing with the proper interpretation of the deed in light of the surrounding circumstances. Unfortunately, the idea that the boundary establishment doctrines, such as acquiescence, practical location, estoppel and the like, are unwritten conveyances as opposed to being tools to answer the location question in the face of ambiguities, uncertainties and dispute has caused many surveyors to stumble and fail to identify the true and correct property lines in too many cases." Traversing the Law: Unwritten Rights in Land Surveying - Jeff Lucas - FLA PLS
My boundary surveys show the location of the "Record Title Boundary"; however the important point being that "Record Title Boundaries" and "Record Title Description" are not synonymous and a "Record Title Boundary" can be in accord with a "Record Title Description" without without matching the calls in thee description verbatim because accord means "a harmonious agreement" not an identical match.
I agree pretty much with the above.?ÿ To the layperson, it might imply that you are to stake the exact bearing and distance called for in the deed.?ÿ But, as always, we must still try to determine the actual original boundary, showing both record and as-measured bearings and distances.?ÿ If you think a fence is evidence of the original boundary line, it is still to be taken into account.?ÿ I would also show evidence of adverse possession or other unwritten conveyance types, but not make the judgement as to whether a conveyance has taken place.
That's how I would read it.?ÿ But I don't survey in Florida.
I can imagine some surveyors will use this as an excuse to just layout the deed word for word and skip looking at all the evidence and making an informed decision. Of course this isn't the correct way to do a survey.
I've been chewing on this part (critical to much of my coastal work) ... (i) Surveys of parcels with water boundaries shall describe the feature located including, top of bank, edge of water, mean high water line, ordinary high water line and the method used to locate the water boundary. Water boundaries may be located in their approximate position as long as this is adequately depicted and explained with notes on the face of the plat or map.
First it says you "SHALL" show every possible water boundary line and topo detail... but follows that up with.... "you can make it all up if you want, just leave us a note"
I don't think "record title boundary" is even a thing.?ÿ Curt Brown invented it but it isn't an entity found in legal authorities.
A boundary is the limit of title or where two titles meet.?ÿ Its location may be proven by both written evidence and extrinsic evidence.?ÿ By contrast, title may only be proven by the written document, this is where the confusion comes in.?ÿ Rules of title have been improperly applied to location.
You can't make every parcel have record dimensions unless you, the original surveyor, and every other surveyor agree perfectly on the measurements.?ÿ Since that isn't possible, I hope the writers of the rules weren't trying to require it.?ÿ It's a recipe for continual movement and pincushions.
The words "in complete accord" and "made to conform" don't mean to regurgitate. Nevertheless the words may be poorly chosen.
I've understood that there are potentially as many as three boundaries of every property: title, occupation, ownership. Life is good when all three of these boundaries are in the same place. Example: a senior description calls for a line with monuments at each end and a fence is built exactly along that line and a judgment has been given establishing the line. We don't always get that.
Some days occupation is the best thing we have to work with. I'm not advocating for fence-line surveying, but sometimes it's the only boundary we've got to work with. This is particularly true in cases where the title line(s) is(are) ambiguous.
Ultimately, I want to find the senior line of each boundary as intended by the original parties to its creation. The description of the property I'm surveying may not be senior and I may find that another described boundary is senior and is in conflict with the property I'm surveying. I think the wording of this law would make it appear that I must survey the boundary as described in the description I'm retracing.
Also, it mentions boundaries much conform to record title boundaries. I'm not familiar with Florida law, but in Texas, a deed does not have to be recorded to be valid. There must be consideration (exchange of something of value), grantor, grantee, description of what is being conveyed, and a notary for the grantor's signature for a conveyance to be legitimate. But it does not have to be recorded. This law would make it appear that such instruments should not be considered in reconstruction of a boundary since it must conform to record title boundaries.
I would not want to work under the authority of this law.
I give the author of the statute section the benefit of the doubt.
Record Title Boundary may be defined as a boundary surveyed using the current vesting deed, any relevant deeds in the chain of title, and any documentary evidence referenced by those deeds.?ÿ Documentary or other evidence not mentioned in the Deeds is not relevant to the Record Title Boundary.
For example, Deed says "to a 3/4" iron pipe stamped LS1234." That iron pipe would be held as marking the Record Title Boundary.?ÿ On the other hand, Deed says "thence North 500.00 feet [to point A]; thence West..."?ÿ There is a Record of Survey (typically not in the Chain of Title) which shows setting a 3/4" rebar with tag LS1234 at point A...this rebar is not the Record Title Boundary corner.?ÿ This is how I interpret it.
It doesn't allow for a simple plotting of bearings and distances, however, I'll give Brown that.
"I don't think "record title boundary" is even a thing. Curt Brown invented it but it isn't an entity found in legal authorities." Dave Karoly posted
Speaking literally, any plat or property description that has been legally recorded in a jurisdiction would be considered a record boundary or any other way one chooses to parse that definition. I don't think it is a made up term at all. I have read Brown for decades too.
As a rule, I tend to eschew obfuscation.
The FL law appears to poorly crafted. Legalize, oo many "shalls" with too many moving parts.
I certainly don't read it that way.?ÿ
The Statute is telling you to declare which line you located and how you determined it (i.e, Ordinary High Water Line by vegetation and soil analysis). It further recognizes that aporoximate locations of ambulatory boundaries are reasonable. Not a bad thing to say explicitly in Statute.
