I've been asked to survey for a few new easements.?ÿ I intended to draw three separate easement plans, for permanent drainage areas.?ÿ I was asked if I could draw one exhibit instead, to attach to each easement deed.
It looks like it's legal, and doesn't need to conform to the plan regulations.
I don't see how this adheres to the BOR regs, as the random ones I see online aren't stamped, don't show monuments, and don't meet plan requirements at all.?ÿ So how does the Registry accept them?
?ÿThe attachments to deeds (exhibits, documents or whatever) do not need to be produced by a Land Surveyor in MA.?ÿ They do not need to conform to "Plan" filing requirements to be filed as a document. It's my understanding that pretty much any old schmo can draw a sketch?ÿand attach it with a deed.?ÿ
I think that when those documents are produced by a Land Surveyor, you should expect to be held to a higher standard that meets the intent of the Board of Registration.
I'm not in Massachusetts but I have prepared hundreds (thousands?) of easement sketches.?ÿ These were prepared to be attached to the written easement documents and not as a plat.?ÿ At the time we were not required to monument easements (except perhaps for the manholes on a sanitary sewer line).?ÿ They were meant to be a graphical depiction of the easement and not a boundary plat.?ÿ No stamp was ever placed on the sketches.
?ÿThe attachments to deeds (exhibits, documents or whatever) do not need to be produced by a Land Surveyor in MA.?ÿ They do not need to conform to "Plan" filing requirements to be filed as a document. It's my understanding that pretty much any old schmo can draw a sketch?ÿand attach it with a deed.?ÿ
I think that when those documents are produced by a Land Surveyor, you should expect to be held to a higher standard that meets the intent of the Board of Registration.
Thanks for the replies.?ÿ Weird, though, so it seems like a way to subvert the plan requirements, and also seems like it could allow surveying without a license.
My concern, wondering if even though the Registry and state allow it, does this practice violate the BOR's standards and procedures?
A properly drawn deed attachment sketch should be stamped by the surveyor who prepared it, in order to comply with the Board of Registration regulations.?ÿ As Bob said, any schmo can draw a sketch and attach it to a deed.?ÿ If the schmo is a P.L.S., there better be a stamp & signature on it.?ÿ Any other schmo drawing a sketch for an easement could be charged with unlicensed surveying, but good luck finding said schmo when most of those deed sketches don't even have a title block.?ÿ Attached is deed with a sketch from our office, for your edification or entertainment, as you wish.?ÿ Our office prepared the subdivision plan, plus a couple of lot line revision plans, so we left off some of the survey data that might ordinarily be shown, in order to reduce the clutter.
I work in Mass and have prepared similar sketched as Peter shows.?ÿ This was a big discussion in an office I worked in several years ago.?ÿ The surveyors all felt that the Board requirements meant we had to have stamped plans for the easements as we were creating a boundary (even if not a property line).?ÿ The project manager didn't want to have the extra expense.?ÿ
In Maryland we have the requirements/standards for surveys & drawings in the regulations, but this is in the licensing code:
(a) In general. -- Before a professional land surveyor or licensed property line surveyor issues to a client or submits to a public authority any plan, plat, report, or specification, the professional land surveyor or licensed property line surveyor who prepared the document shall endorse on the document the licensee's:
(1) name; and (2) seal or a facsimile of the seal.
I've always interpreted the bold section pretty liberally; if it's a work product, I'm going to seal it unless I can come up with a overriding reason not to.?ÿ
A properly drawn deed attachment sketch should be stamped by the surveyor who prepared it, in order to comply with the Board of Registration regulations.?ÿ As Bob said, any schmo can draw a sketch and attach it to a deed.?ÿ If the schmo is a P.L.S., there better be a stamp & signature on it.?ÿ Any other schmo drawing a sketch for an easement could be charged with unlicensed surveying, but good luck finding said schmo when most of those deed sketches don't even have a title block.?ÿ Attached is deed with a sketch from our office, for your edification or entertainment, as you wish.?ÿ Our office prepared the subdivision plan, plus a couple of lot line revision plans, so we left off some of the survey data that might ordinarily be shown, in order to reduce the clutter.
I agree with Peter that any exhibit defining the extent of an easement should require a PLS endorsement. Unfortunately in Mass. it doesn't. I've seen everything from client drawn, attorney drawn, engineer drawn to to stamped plans like Peter's. I don't believe that 250 CMR is explicit in addressing this. Perhaps it's something that MALSCE and the BOR should address.
Personally I've dealt with more than one attorney who took this route in order to not pay for a plan. Of course they then ask me to "take a look" at their sketch for them. Coincidentally the fee to review their work is the same as to prepare a plan.
