Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5J - Division of Consumer Services
Chapter 5J-17 - PROFESSIONAL SURVEYORS AND MAPPERS
Section 5J-17.052 - Standards of Practice - Boundary Survey Requirements
Universal Citation: FL Admin Code R 5J-17.052
Current through Reg. 50, No. 187; September 24, 2024
(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 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
boundaries.
(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.
(2) Boundary Monuments:
(a) The surveyor and mapper shall set
monuments as defined herein, unless monuments already exist or cannot be set
due to physical obstructions at corners.
(b) Every boundary monument set shall:
1. Be composed of a durable material,
2. Have a minimal length of 18
inches,
3. Have a minimum
cross-section area of material of 0.20 square inches,
4. Be identified with a durable marker or cap
bearing either the Florida license number of the surveyor and mapper in
responsible charge, the certificate of authorization number of the business
entity; or name of the business entity,
5. Be detectable with conventional
instruments for finding ferrous or magnetic objects,
6. When a corner falls in a hard surface such
as asphalt or concrete, alternate monumentation may be used that is durable and
identifiable,
7. When conditions
require setting a monument on an offset, whenever possible, the location should
be selected so the monument lies on a boundary line.
(c) All monuments, found or placed, must be
described on the survey map. The corner descriptions shall state the size,
material, and cap identification of the monument as well as whether the
monument was found or set. Offset monuments shall be noted as such on the
survey map along with the offset distance to the true corner. Building corners
are acceptable as monuments so long as use of the building corners as
monumentation is clearly noted on the map.
(d) For irregular boundaries such as a water
body or maintained right of way, a dimensioned meander or survey closure line
shall be used and monuments shall be set at the meander or survey closure
line's terminus points on real property boundary lines.
(e) A boundary survey updating a previous
survey made by the same surveyor and mapper or business entity, and which is
performed for the purpose of locating non-completed new improvements by
measurements to the property lines or related offset lines placed on the
property since the previous survey, need not have the property corners
reset.
(f) Side ties to locate or
set monuments shall be substantiated by multiple
measurements.
(3) Boundary Inconsistencies:
(a) Potential
boundary inconsistencies shall be addressed and shall be clearly indicated and
explained on the survey map or in the report. Where evidence of inconsistency
is found, the nature of the inconsistency shall be shown upon the survey map,
such as:
1. Overlapping descriptions or
hiatuses,
2. Excess or deficiency,
3. Conflicting boundary lines or
monuments, or
4. Doubt as to the
location on the ground of survey lines or property rights.
(b) Open and notorious evidence of boundary
lines, such as fences, walls, buildings, monuments or otherwise, shall be shown
upon the map, together with dimensions sufficient to show their relationship to
the boundary line(s).
(c) All
apparent physical use onto or from adjoining property must be indicated, with
the extent of such use shown or noted upon the map.
(d) In all cases where foundations may
violate deed or easement lines and are beneath the surface, failure to
determine their location shall be noted upon the map or
report.
(4) Rights-of-Way, Easements, and Other Real Property Concerns:
(a) All recorded public and private
rights-of-way shown on applicable recorded plats adjoining or across the land
being surveyed shall be located and shown upon the map.
(b) Easements shown on applicable record
plats or open and notorious evidence of easements or rights-of-way on or across
the land being surveyed shall be located and shown upon the map.
(c) When streets or street rights-of-way
abutting the land surveyed are physically closed to travel, a note to this
effect shall be shown upon the map.
(d) When location of easements or
rights-of-way of record, other than those on record plats, is required, this
information must be furnished to the surveyor and mapper.
(e) Human cemeteries and burial grounds
located within the premises shall be located and shown upon the map when open
and notorious, or when knowledge of their existence and location is furnished
to the surveyor and mapper.
(5) Real Property Improvements:
(a) Location of fixed improvements pertinent
to the survey shall be graphically shown upon the map and their positions shall
be dimensioned in reference to the boundaries, either directly or by offset
lines.
(b) When fixed improvements
are not located or do not exist, a note to this effect shall be shown upon the
map.
(c) When a boundary survey
updating a previous boundary survey is made by the same surveyor or survey firm
for purpose of locating non-completed new improvements, then property corners
need not be reset; however, when a boundary survey is updating a previous
survey made by the same surveyor or survey firm and is performed for purpose of
locating completed new improvements then property corners must be recovered or
reset. When a boundary survey updates a previous boundary survey made by a
different surveyor or survey firm for the purpose of locating either
non-completed or completed new improvements, then property corners must be
recovered or reset.
(6) Descriptions/Sketch to Accompany Description:
(a) Descriptions written by a surveyor and
mapper to describe land boundaries by metes and bounds shall provide definitive
identification of boundary lines.
(b) When a sketch accompanies the property
description, it shall show all information referenced in the description and
shall state that such sketch is not a survey. The initial point in the
description shall be tied to either a government corner, a recorded corner, or
some other well-established survey point.
Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS.
New 9-1-81, Formerly 21HH-6.04, Amended 12-18-88, Formerly 21HH-6.004, Amended 12-25-95, 5-13-96, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 61G17-6.004, Amended 5-11-15, 11-13-17, 7-15-18.
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