Current through Register Vol. 28, No. 3, September 1, 2024
12.2 Procedure and
Standards. Whenever a surveyor conducts a boundary survey, or an ALTA/ACSM Land
Title Survey, or Subdivision Survey, a plat showing the results shall be
prepared. An ALTA/ACSM Land Title Survey shall be titled in accordance to the
current published ALTA/ACSM standard. A Subdivision Survey shall be titled as
required by the governing regulatory agency. The plat of a boundary survey
shall be titled "Boundary Survey Plan"; no other plat title is acceptable. A
copy of the survey shall be furnished to the client unless deemed unnecessary
by the client. The plat shall conform to the following requirements and shall
include the following information:
12.2.1 The
plat shall be drawn on any reasonably stable and durable drawing paper, vellum
or film of reproducible quality. No plat or map shall have dimensions of less
than 8 1/2 x 11 inches.
12.2.2 The
plat shall indicate the Source of Title, (Deed Record, Will Record Number, or
both), Hundred, County, State, Tax Parcel Number and, when applicable, the
Postal Address of the subject property. The plat shall show the written scale,
area and classification of the survey. These classifications (suburban, urban,
rural, and marshland) are based upon both the purposes for which the property
is being used at the time the survey is performed and any proposed
developments, which are disclosed by the client, in writing. This
classification must be based on the criteria in subsection 12.4 and the survey
must meet the minimum specifications set forth in Attachment A. The scale shall
be sufficient to show detail for the appropriate classification.
12.2.3 The horizontal direction of all
boundary lines shall be shown in relationship to grid north, magnetic, or in
lieu thereof, to true north or to another established line or lines to which
the survey is referenced. The horizontal direction of the boundary lines shall
be by direct angles or bearings. A prominent north arrow shall be drawn on
every sheet. The description of the bearing reference system shall be stated on
the plat. Bearings shall be written in a clockwise direction unless
impractical.
12.2.4 All monuments,
natural and artificial (man-made), found or set, used in the survey, shall be
shown and described on the survey plat. The monuments shall be noted as found
or set. All monuments set shall be ferrous metal, or contain ferrous metal, not
less than 1/2 inch in diameter and not less than 18 inches in length, except
however, a corner which falls upon solid rock, concrete, or other like
materials shall be marked in a permanent manner and clearly identified on the
plat. Monuments shall be set at all corners of all surveys as required by these
standards, with the exception of meanders such as meanders of streams,
tidelands, wetlands, lakes, swamps and prescriptive road rights-of-way. Witness
monuments shall be set or referenced whenever a corner monument cannot be set
or is likely to be disturbed. The witness monument shall be set as close as
practical to the true corner. If only 1 witness monument is set, it must be set
on the actual boundary line or prolongation thereof. Otherwise, at least 2
witness monuments shall be set and so noted on the plat of the survey.
Monuments shall be identified, where possible, with a durable marker bearing
the firm name or the surveyor's registration number and name.
12.2.5 The plat of a metes and boundary
survey must clearly describe the commencing point and label the point of
beginning for the survey.
12.2.6
Notable discrepancies between the survey and the recorded description shall be
noted. The source of title used in making the survey shall be indicated. When
an inconsistency is found, including a gap or overlap, excess or deficiency,
erroneously located boundary lines or monuments, the nature of the
inconsistency shall be indicated on the drawing.
12.2.7 In the judgment of the surveyor, the
description and location of any physical evidence found along a boundary line,
including fences, walls, buildings or monuments, shall be shown on the
drawing.
12.2.8 The horizontal
length (distance) and direction (bearing) of each line as determined in an
actual survey process shall be shown on the drawing and indicated in a
clockwise direction unless impractical.
12.2.9 The radius, arc length, chord bearing
and chord distance of all circular curves, shall be shown.
12.2.10 Information used by the surveyor in
the property description shall be clearly shown on the plat, including but not
limited to, the point of beginning, course bearing, distance, monuments,
etc.
12.2.11 The lot and block or
tract number or other recorded subdivision designation, of the subject property
and adjoining properties shall be shown. If the adjoining properties are not
within a recorded subdivision, then the name and deed record of all adjoining
owners shall be shown.
12.2.12
Recorded public and private rights-of-way or easements which are discovered
during the title search performed by others and supplied to the surveyor or
graphically shown on the recorded plat, which includes the property, or which
are known or observed adjoining or crossing the land surveyed, shall be shown.
When no recorded rights-of-way or easements are provided, it shall be so noted
on the plan.
12.2.13 Location of
all permanent improvements pertinent to the survey, referenced radially and
perpendicular to the nearest boundary, shall be shown.
12.2.14 Visible or suspected encroachments
onto or from adjoining property or abutting streets, with the extent of the
encroachments, shall be shown.
12.2.15 A plat or survey shall clearly bear
the Firm Name and licensee's name, license number, title, "Professional Land
Surveyor", contact address, and date of survey and original signature and
board-approved seal of the licensed surveyor in responsible charge. This
signature and seal is certification that the survey meets minimum requirements
of the Standards for Land Surveyors as adopted by the Delaware Board.
12.2.15.1 A plat or survey shall include a
statement. The statement shall be in the following form for the purpose of
following this regulation:
"I, [name] registered as a Professional Land Surveyor in
the State of Delaware, hereby state that the information shown on this plan has
been prepared under my supervision and meets the standards of practice as
established by the State of Delaware Board of Professional Land Surveyors. Any
changes to the property conditions, improvements, boundary or property corners
after the date shown hereon shall necessitate a new review and certification
for any official or legal use.
[name], DE PLS ________ Date:
12.2.16 A written property description shall
accompany the preparation of a boundary survey, ALTA/ACSM Land Title Survey,
and Subdivision Survey. A written property description is not required when
there are no changes to the property description used as a basis for these
surveys. When preparing a property description in conjunction with a Mortgage
Survey Plan, the description shall be based upon and refer to the record plat
and not the Mortgage Survey Plan. The following information shown on the plat
must be included in a written description:
12.2.16.1 The commencing point and point of
beginning.
12.2.16.2 Sufficient
caption to connect the plat and description.
12.2.16.3 Length and direction of all lines
in a clockwise direction unless impractical.
12.2.16.4 Curve information as described in
subsection 12.2.9.
12.2.16.5 Type
of monuments noted as found or set.
12.2.16.6 The area of the parcel.
12.2.16.7 Adjoining owners, subdivision name,
etc.
12.2.17 For a Major
Subdivision Survey, the boundary corners of the "Parent" property that is the
subject of the subdivision shall be set or identified in accordance to
subsection 12.2.4. For a Minor Subdivision Survey, a minimum of 2 boundary
corners of the property that is the subject of the subdivision shall be set
and/or identified and their interconnection duly noted. Additionally, for a
Minor Subdivision Survey, the connection between the boundary corners and the
boundary of the "carved-out" property shall be noted; and, the boundary corners
of the "carved-out" property shall be set or identified in accordance with
subsection 12.2.4. For an ALTA/ACSM Land Title Survey, all boundary corners of
the subject property shall be set or identified in accordance to subsection
12.2.4.
12.3 Standards
for Horizontal Control.
12.3.1 Definitions for
specific types of horizontal control surveys, along with standards and
procedures, may be found in National Geodetic Survey (NGS) or successor
publications. All geodetic surveys, including determination and publication of
horizontal and vertical values utilizing Global Positioning Systems, Ground
Control Systems or any other system which relates to the practice and
profession of Land Surveying, shall be performed under the direct control and
personal supervision of a licensed Professional Land Surveyor licensed in the
State of Delaware.
12.3.2 Control
Surveys that are used to determine boundary lines, including developing
coordinates for existing boundary corners, shall meet the Standards contained
herein.
12.3.3 Land Information
Systems/Geographic Information Systems (LIS/GIS) maps should be built on a
foundation of coordinates obtained by an accurate survey. Creation of LIS/GIS
maps and services should include a Professional Land Surveyor licensed in the
State of Delaware for coordination and input of their knowledge in these
fields.
12.4
Classification of Surveys. (See Attachment A)
12.4.1 Urban Surveys - Surveys of land lying
within or adjoining a city or town. This would also include the surveys of
commercial and industrial properties, condominiums, townhouses, apartments and
other high-density developments regardless of geographic location.
12.4.2 Suburban Surveys - Surveys of land
lying outside urban areas. This land is used almost exclusively for single
family residential use or residential subdivisions.
12.4.3 Rural Surveys - Surveys of land such
as farms and other undeveloped land outside the suburban areas which may have a
potential for future development.
12.4.4 Marshland Surveys - Surveys of land
which normally lie in remote areas with difficult terrain and usually have
limited potential for development and cannot be classified as urban, suburban
or rural surveys. This includes, but is not limited to, surveys of farmlands
and rural areas.
12.6 Mortgage Survey
Plan (MSP)
12.6.1 Purpose. The purpose of an
MSP is to locate, describe and represent the position of buildings and other
pertinent visible improvements affecting the property being surveyed in
connection with a conveyance or a mortgage.
12.6.2 Product. The results of the MSP shall
be stated on a plat showing the property surveyed and the location of the
buildings and other pertinent visible improvements affecting the surveyed
property. The plat shall be titled "Mortgage Survey Plan"; no other plan title
is acceptable.
12.7 The
Waiver by the Ultimate User and Disclosures.
12.7.1 The surveyor shall not prepare a MSP
pursuant to this regulation until the surveyor receives a signed waiver more
particularly described below.
12.7.2 For purposes of this section,
"ultimate user" means the contract buyer of the property. If no buyer exists,
the ultimate user is the owner of the property. The waiver shall be sufficient
if signed by one ultimate user, whether or not there are multiple ultimate
users. The waiver shall at a minimum contain:
12.7.2.1 An approval by the ultimate user to
perform a MSP and to waive the right to have corner markers set; and
12.7.2.2 An explanation of the impact of
signing the waiver advising the ultimate user of the possible need for a future
survey as a result of physical improvements of the property and the potential
inability of the ultimate user to identify the boundary of the surveyed
property.
12.7.2.3 The waiver shall
be in the following form for the purpose of following this regulation:
"Waiver Not to Set Corner Markers and Approval to Perform a
MSP Survey"
To:____________________________________________
(Name, address, and telephone number of Land
Surveyor)
From: __________________________________________
(Name, address, and telephone number of Ultimate
User)
Re:____________________________________________
Property (Appropriate Identifier; i.e. address, tax parcel
number)
In connection with the purchase or survey of the property
located at ________________, I have waived having all the corner markers set
and have requested the preparation of a Mortgage Survey Plan (MSP).
I have been made aware that a Mortgage Survey Plan (MSP) is
not a boundary survey and does not identify property boundary lines. I am also
aware that there may be a cost difference between the MSO and boundary survey.
Additionally, I have been advised of the impact of signing the waiver regarding
the possible need for a future survey as a result of physical improvements of
the property and my inability to identify the boundary of the surveyed
property. Furthermore, I am aware that the inability to identify the boundary
of the property may result in a boundary dispute with an adjoining property
owner, property improvements not accurately situated on my property, or
both.
__________________(Signature of Ultimate User)
__________________ (Signature of Witness)
I hereby certify that by virtue of the signature of the
ultimate user on this waiver that the ultimate user is aware of the potential
impact of not having corner markers set, and that I have prepared a Mortgage
Survey Plan (MSP) in compliance with Section
12.0 Minimum Technical Standards for
Licensees as set forth by the Delaware Board of Professional Land
Surveyors
_______________________________
Delaware Professional Land Surveyor
License Number: __________
Date: ____________________
12.7.2.4 The following notation shall be
noted on a MSP when a written waiver is obtained: "In accordance to the
Delaware Board of Professional Land Surveyors' Regulation 12.7, a waiver not to
set corner markers has been obtained".
12.7.2.5 The licensee shall maintain the
signed corner marker waiver or a retrievable scanned copy of the waiver for a
minimum of 3 years from date of ultimate user's signature.
12.7.2.6 The licensee shall submit to the
Board documentation of a waiver of a specified property upon the Board's
request in connection with a complaint involving the property.
12.7.2.7 Failure to follow the provisions of
this section shall be deemed professional misconduct subject to an appropriate
penalty.
12.8
Minimum Procedures for Performing a MSP. If the ultimate user waives setting
corner markers and agrees to the preparation of an MSP, the surveyor shall
perform at least the following procedures:
12.8.1 Examine appropriate documents of
record for the subject parcel and review the most current tax assessment map
for inconsistencies with those documents. The surveyor is required to check for
mathematical closure of those documents. If those documents do not close
mathematically, the surveyor will determine, based upon his professional
judgement, if a boundary survey is warranted.
12.8.2 Take sufficient on-site measurements
to enable the surveyor to perform the tasks called for by this regulation with
regard to the:
12.8.2.1 Location relative to
the property lines being surveyed of buildings and other pertinent
improvements;
12.8.2.2 Location of
possible encroachments relative to the property lines being surveyed reasonably
determined by visual inspection;
12.8.2.3 Easements; and
12.8.2.4 Rights-of-way.
12.8.3 If the ultimate user has approved an
MSP, then the following elements shall be shown:
12.8.3.1 Significant buildings, structures
and other pertinent improvements, and their relationship to the property lines
referenced radially and/or perpendicular to the nearest boundary, based on the
field measurements taken by the surveyor, and any other boundary evidence
considered by the surveyor;
12.8.3.2 Statement with regard to the
Classification of Survey; (REFER TO ATTACHMENT A)
12.8.3.3 Possible encroachments on the
subject property and from the subject property onto adjoining property located
relative to the property lines being surveyed to the extent reasonably
determined by a visual inspection of the properties; and
12.8.3.4 Minimum setback lines, as shown on
plats,
12.8.3.5 A minimum of two
described boundary control points, either found or set, and their relationship
denoted by appropriate courses and distances to each other and the subject
property.
12.8.3.6 Easements or
rights-of-way as shown on the aforementioned documents of record for subject
property.
12.8.4 If, in
connection with the preparation of an MSP, a surveyor finds evidence to
warrant, in the surveyor's professional opinion, the performance of a boundary
survey, the surveyor shall so notify, in writing, the ultimate user or the
ultimate user's representative.
12.8.5 If the ultimate user has approved the
preparation of an MSP, then:
12.8.5.1 The MSP
prepared by the surveyor shall prominently display, at a minimum, advice to the
effect that:
12.8.5.1.1 The MSP is of benefit
to a ultimate user only insofar as it is required by a lender, a title
insurance company or its agent in connection with the contemplated transfer,
financing, or refinancing of subject property; and
12.8.5.1.2 The MSP is not to be relied upon
for future improvements.
12.9 Plats.
12.9.1 The original plat of an MSP shall be a
reproducible drawing at a scale which clearly shows the results of the field
work, computations, research and record information as compiled and checked and
shall bear the title "Mortgage Survey Plan".
12.9.2 The plat shall be prepared in
accordance with the following procedures:
12.9.2.1 A reasonably stable and durable
drawing paper, linen or film is considered a suitable material;
12.9.2.2 Plats may not be smaller than 8 1/2
x 11 inches;
12.9.2.3 The plat
shall show the following:
12.9.2.3.1 Caption
or title and address (if applicable) and subdivision lot number of the property
(if applicable),
12.9.2.3.2
Scale,
12.9.2.3.3 Date,
12.9.2.3.4 Name and address of the firm or
surveyor; and
12.9.2.3.5 Original
signature and board-approved seal of the licensed surveyor in responsible
charge,
12.9.2.3.6 Ultimate User's
name,
12.9.2.3.7 Statement with
regard to the Classification of Survey; (REFER TO ATTACHMENT A)
12.10
Maintenance of Records.
12.10.1 The surveyor
shall make a reasonable effort to maintain records, including names or initials
of all personnel, date of performance, reference to field data, such as book
number, loose leaf pages and other relevant data.
12.12 Based on current
information, the MSP shall be accepted as a minimum standard only in New Castle
County when requested by the ultimate user as an option to a boundary survey.
In Kent and Sussex counties, MSP's shall not be considered to meet the minimum
local standards for the work required for mortgage or deed-related surveys or
plans. For mortgage and deed-related surveys or plans in Kent County and Sussex
County, the minimum requirement is a Boundary Survey Plan prepared in
compliance with Section
12.0 which includes proper monument
placement.
12.12.1 Electronically Transmitted
Documents. Documents including drawings, specifications and reports, that are
transmitted electronically to a client or a governmental agency shall have the
computer-generated seal removed from the original file, unless signed with a
digital signature as defined in subsection 12.12.2. After removal of the seal
the electronic media shall have the following inserted in lieu of the signature
and date: This document originally issued and sealed by (Name of sealer),
containing the original seal, signature and date of the licensee may be
duplicated by photocopy or electronic scanning processes and distributed either
in hardcopy or electronic medium. The scanned digital files of properly
certified documents are not subject to the requirements of this subsection. The
electronic submission of CAD, vector or other files subject to easy editing are
subject to the requirements of this subsection. Easy editing is based on the
file consisting of separate elements that can be individually modified or
deleted.
12.12.2 Documents to be
electronically transmitted that are signed using a digital signature, shall
contain the authentication procedure in a secure mode and a list of the
hardware, software and parameters used to prepare the documents. Secure mode
means that the authentication procedure has protective measures to prevent
alteration or overriding of the authentication procedure. The term "digital
signature" shall be an electronic authentication process that is attached to or
logically associated with an electronic document. The digital signature shall
be:
12.12.2.1 Unique to the licensee using
it;
12.12.2.2 Capable of
verification;
12.12.2.3 Under the
sole control of the licensee; and
12.12.2.4 Linked to a document in such a
manner that the digital signature is invalidated if any data in the document is
changed.
12.12.3
Electronic formats must be approved by the board and must meet all criteria set
forth in subsections 12.2.1 and 12.2.2.
