Record Your Survey Map

I would say that it adds a layer of public notice at large.?ÿ Don't tread on my boundaries.?ÿ Examples would be placing an additional burden on an adjoining property owner's logging operation or a neighbor building a fence.

Where you work and the type of survey often has control over if the survey can even be filed. Some clerks can't file a rando survey, others can file anything.?ÿ

I had a clerk once ask me about a surveyor. Seems he mostly practices in another state. It happens I knew the guy and she went off on him, he was trying to file a survey of a number of sections for part of a large ranch. The survey wasn't a retracement of an existing boundary or a new parcel split out of the parent parcel and she couldn't file it. He threatened to sue and got all big and bad about it (sounds like him). She tried and tried to explain to him she can't file that survey and he wouldn't listen. I told her her's wasn't the first encounter I'd heard about him in a negative light.?ÿ

I always file those types of surveys there in a back-door way, but I guess he had a plat and probably charged a small fortune for it and wanted it done to tell the client.?ÿ

If you can, go ahead and file it. I suppose there are places where the fees are so astronomical that it's too big a burden on the client, but not where I practice. $50 for a ROS, $5 for a Corner Record, in other counties Corner Records are free to file and a great way to get surveys on record. Just don't overburden the clerk with free filings and you will be cool. You can also often file a survey in the deed books, another way to skirt all the checkers and fee gobblers.?ÿ

@mightymoe?ÿ

It certainly helps if the recording fee is low. Ours used to be $75, but recently went to $105 and I think it still is a reasonable cost for the assurance of having access to your map provided by the county free of charge.

The laws of our state allow the recording of surveys on existing boundaries as long as it is stated on the map that no new lines are created. Other regulations are required, such as, text sizes, paper sizes and media type.

@mightymoe

Posted by: @mightymoe

Some clerks can't file a rando survey, others can file anything.?ÿ

That is such a strange concept to me.?ÿ But much of the land I work on, either has never been shown on a survey or it's such an ancient survey that having a more modern plan filed, whether there's a division or not, makes sense.

Here in Indiana, a recording state, I record my surveys, not my client.

@brad-ott?ÿ

I should have written that the recording is done by me for the client since I am more familiar with the process.

Posted by: @brad-ott

Here in Indiana, a recording state, I record my surveys, not my client.

Same with me - I record everything and charge my clients for it. I want EVERYONE in the future to know what I did and why... those maps are part of my "footprints".

For a residential client or a client unfamiliar with boundary law and surveying, I tell them that it creates a legal fence around their real property and that a recently surveyed parcel with a recorded plat will sell faster and for a slightly higher price than a similar parcel without a survey.

I also let my clients know that an updated survey could cause problems.?ÿ I might survey their 50 acres and find it to be 48 acres.?ÿ I might discover something long dormant that will prevent them from being able to sell their parcel.?ÿ My survey may put the parcel into a nonconforming lot category and complicate the owner's ability to get building or other permits.?ÿ?ÿ

I've convinced potential clients not to get a survey simply by explaining potential consequences and I'm fine with that. I encourage people to record their plats, but I can respect their decision not to without considering it indecorous.

@jph?ÿ

In this case the surveyor wanted to file a sectional survey in the Certificate of Surveys. Those filings are exceptions to the subdivision laws and have to have a purpose. Simply a retracement survey doesn't meet the filing requirement.?ÿ

In our case, the Register of Deeds is an elected official.?ÿ They bow to no higher god beyond what is clearly written in State Statutes under the heading of Duties of the Register of Deeds.?ÿ Their interpretation of what each Statute is saying is what creates the differences between the numerous counties in which you may be wishing to record surveys.

One ROD has decided that no one and absolutely no one but the signing surveyor is to be allowed to record a survey.?ÿ This became quite clear one day when I attempted to record a survey that had been performed by a different surveyor.?ÿ The simple fact that he had already been dead for 20 years did not sway her ruling.?ÿ She refused to even file it as a Miscellaneous Document.?ÿ So, I took it downstairs and added it into the second repository of surveys for that county.

A similar situation happened at her office when a former client showed up with a plat I had done about 25 years previously.?ÿ She demanded that I come by and pay the filing fees.

Posted by: @holy-cow

So, I took it downstairs and added it into the second repository of surveys for that county.

In WA, some survey documents end up in "the record" (but not recorded) via the DNR's repository of survey documents. They include field notes from old surveyors, rail road maps, etc. What you may find in the database is pretty random and depends on the location. Of course, that database also includes the recorded surveys from the counties.

Posted by: @dmyhill

Of course, that database also includes the recorded surveys from the counties, SOMETIMES.

There, I fixed it for you...

Did you ever try to find a copy of a Short Plat, in King county?

Posted by: @dougie

Posted by: @dmyhill

Of course, that database also includes the recorded surveys from the counties, SOMETIMES.

There, I fixed it for you...

Did you ever try to find a copy of a Short Plat, in King county?

Hey, the law says they have to send it to the DNR and the DNR is to keep in on record!?ÿ

Short plats around here are weird. Before a certain date they do not show up in any scanned records at all. You have to ask a title company for them if you don't want to go down to the county offices (and who would want to go into Seattle...eeeewww).

But, after the recording act some surveyors seemed to interpret the rules such that they created a record of survey after recording the letter or legal sized document. A record of survey generally means that they actually set corners, and I have always considered a record of survey from the surveyor that signed the short plat and in the same timeframe to be a record of the original corners.?ÿ But that is a different topic.?ÿ?ÿ

My point is that the letter sized short plats appear to have not been considered to be surveys (and judging by their contents they often aren't). In fact, when forced to put them on 18x24 and record them like a survey, many surveyors put a note on there "This is not a survey." (Because they still were doing paper plats and not setting corners.)

@holy-cow?ÿ

In Massachusetts I can record a plan referenced in a recorded deed or instrument using Chapter 36 Section 13B. No matter if the preparer is dead or missing. ?ÿThe statute allows for the plans that are not suitable for recording, say a paper copy. You are required to pay any appropriate fees, of course. ?ÿThe Registry can require an affidavit by the person recording, certified by an attorney, per Chapter 183 Section 5B, that the plan is relevant to the title to property. This affidavit allows for the Registry to place a marginal reference on the propertyƒ??s deed connecting the plan into the chain of title. ?ÿThe trick is to leave the recording reference for the plan blank in the affidavit and fill it in at the recording counter, Plan ____ Book ____. ?ÿThis affidavit increases the filing fee and you have an attorneyƒ??s bill. ?ÿSo much for doing the right thing.?ÿ

@dms330 No requirement to record in my state (Maine) unless it's a subdivision, but I always advise my clients to do so (or have me do so) adding that If a meteor lands on my place and wipes out me and my computer, your plan is toast (as am I). Also, I'm not immortal, and you're going to forget where you stored the drawing.

@jmcnicholspls?ÿ

This very interesting when applied when applied to the process of recording a survey map of an existing boundary.

My maps include a certification to the General Law Chapter 41, Section 81X, stating that no new lines are being created, and thereby allows the register to record the map.

You are saying that alone does not guarantee the map will be disclosed in a future title search and that filing the affidavit will assure this, since the register will make note of it in the margin of the deed document.

Of course, the affidavit must be certified by an attorney, so there is an additional expense that the client must pay.

One of the great things about this site is the ability to learn how achieving the same goal is handled in different places.

Posted by: @murphy

For a residential client or a client unfamiliar with boundary law and surveying, I tell them that it creates a legal fence around their real property and that a recently surveyed parcel with a recorded plat will sell faster and for a slightly higher price than a similar parcel without a survey.

I also let my clients know that an updated survey could cause problems.?ÿ I might survey their 50 acres and find it to be 48 acres.?ÿ I might discover something long dormant that will prevent them from being able to sell their parcel.?ÿ My survey may put the parcel into a nonconforming lot category and complicate the owner's ability to get building or other permits.?ÿ?ÿ

I've convinced potential clients not to get a survey simply by explaining potential consequences and I'm fine with that. I encourage people to record their plats, but I can respect their decision not to without considering it indecorous.

Legal Fence? I think of a recorded plat as only a legal record that could be used by another surveyor in the future or in a court of law should there ever be a challenge to the ownerƒ??s boundary. I donƒ??t think it creates a legal fence. Only a legal record.

Cause problems? Iƒ??ve always been of the mindset that uncovering boundary issues and resolving them is solving problems. This is one of if not the basic function of a Land Surveyor.
I think I know what you are trying to say, that a boundary issue could delay a sale until it is resolved. Or that the resolution of a boundary issue could cause a buyer to walk. But I still believe that in both of those scenarios a problem was solved that needed to be solved rather than kicking a can down the road to the next guy. ?ÿ

@bushaxe?ÿ

I wouldn't use the term legal fence, but I agree with Murphy's sentiment. A recorded survey is a public?ÿ explanation of the work put on the ground by a surveyor. A private surveyor that is not creating a new boundary can only express an opinion, but that proffesional opinion, especially as time goes on, can usually be persumed correct, unless it can be proved to be in error. Hence the "fence".

A survey without a record can also be presumed to be correct; however, proving it is in correct can be as simple as providing a well reasoned rational for a differnt solution. Anyone that wants to claim the older survey in correct must take all the same same steps (Except maybe setting monuments) that the older surveyor went through to provide a contrary argument to the new survey. (Of course there can still be questions of adverse possession/estoppel ect...). Hence a much less substantial fence.

The other way a recorded survey builds a fence is that every subsequent surveyor (fence builder) will have the posts already in. They can choose to rip out the posts set by the previous surveyor, but they should have a compelling reason that goes beyond a reasonable differnce in opinion.?ÿ