Current through Register Vol. 51, No. 19, September 20, 2024
A. Purpose. The
purpose of a location drawing is to locate, describe, and represent the
positions of buildings or other visible improvements affecting the subject
property.
B. Result. The location
drawing shall delineate the subject property and the location of the buildings
and other visible improvements on the property. Location drawings do not
include foundation certifications or wall checks.
C. Approval by the Consumer and Disclosures.
(1) The surveyor may not accept compensation
pursuant to this regulation until the surveyor receives a signed approval form
as described in this section.
(2) A
surveyor is presumed to have received the approval form, if it is delivered to
the surveyor by the following means:
(a)
Personal delivery;
(b) Regular,
registered, or certified mail, return receipt requested; or
(c) Facsimile device or email transmission
capable of producing a tangible record of delivery.
(3) The approval form shall be sufficient if
it is signed by the consumer, whether one or more, with respect to the property
for which services pursuant to this regulation are sought.
(4) The approval form shall contain at least
the following statements:
Approval Form
In connection with the purchase or refinancing of the
property located at ______________________________________ (this office has
been requested) (a licensed Maryland surveyor will be engaged) to prepare a
location drawing. A location drawing shows the property inspected and the
locations of buildings or other visible improvements affecting the property. A
LOCATION DRAWING IS NOT A BOUNDARY SURVEY AND CANNOT BE RELIED UPON BY ANYONE
TO SHOW WHERE THE PROPERTY'S BOUNDARIES ARE. The only purpose of a location
drawing is to provide some assurance that improvements are located on the
property. This assurance is for the use of a lender or an insurer only.
If a boundary survey, which could be relied upon for various
purposes (for example setting the property markers, erecting a fence, building
a garage, or making other improvements on the property), is desired, a surveyor
should be contacted independently. The cost of a boundary survey will be
greater than the cost of a location drawing.
For further information, contact:
Surveyor's/Company's Name:
Address:
Telephone Number:
Initial appropriate lines:
______ I/we approve the preparation of a location drawing.
I/we have read and understand that, in the absence of any problem revealed by
or during the preparation of this drawing, it will be all that is required by
the lending institutions and title companies for settlement.
______ I/we request a boundary survey that will include a
location drawing, and will identify property boundary lines and mark property
boundary corners. I/we have read and understand that this may not be required
for settlement purposes.
Consumer's Signature Consumer's Signature
___________________________________________________________________
Date ____________ Date ____________
Contact Phone Number
__________________________________________________
(5) Upon receipt of an approval form which
complies with this section and upon complying with Regulation .12A of this
chapter, the surveyor shall perform the services approved by the consumer. If
the consumer requests a boundary survey which includes a location drawing, the
survey shall be consistent with the provisions set forth in Regulation .03 of
this chapter and the requirements set forth in §D(5) of this
regulation.
(6) If the consumer
approves the preparation of a location drawing, the surveyor shall perform at
least the following procedures:
(a) Examine
the current deed to and recorded plat, if any, of the subject parcel;
and
(b) Take sufficient on-site
measurements to enable the surveyor to perform the tasks called for by this
regulation with regard to the:
(i)
Approximate locations of buildings and those other improvements referenced in
this regulation,
(ii) Possible
encroachments reasonably determined based on a visual inspection, and
(iii) A flood hazard zone, if
requested.
(7) If, in connection with the preparation of
a location drawing, a surveyor finds evidence to warrant, in the surveyor's
professional opinion, the performance of a boundary survey, the surveyor shall
so notify the consumer.
(8)
Disclosures.
(a) If the consumer, pursuant to
this regulation, has approved a location drawing, the plat prepared by the
surveyor shall prominently display, at a minimum, advice to the effect that the
plat:
(i) Is of benefit to a consumer only
insofar as it is required by a lender or a title insurance company or its agent
in connection with contemplated transfer, financing, or refinancing;
(ii) Is not to be relied upon for the
establishment or location of fences, garages, buildings, or other existing or
future improvements; and
(iii) Does
not provide for the accurate identification of property boundary lines, but
this identification may not be required, for the transfer of title or securing
financing or refinancing.
(b) The statements under this regulation may
be written on a separate page, if the:
(i)
Separate page is stapled or otherwise permanently affixed to the plat;
and
(ii) Page containing the plat
bears a prominent statement to the effect that the advice is an integral part
of the plat, and is to be found on the affixed page.
(9) If the consumer, pursuant to
this regulation, has approved a location drawing, the following shall be shown:
(a) Significant buildings, structures, and
other improvements, in their approximate relationship to the apparent property
lines reflected in the deed, based on the field measurements taken by the
surveyor, and any other evidence considered by the surveyor;
(b) Statement with regard to the level of
accuracy of distances to apparent property lines; and
(c) Possible encroachments to the extent
reasonably determined by a visual inspection of the property either way across
property lines.
D. Plats.
(1) The original plat of a location drawing
shall be a reproducible drawing at a scale which clearly shows the results of
the field work, computations, research, and record information, as compiled,
checked, and analyzed.
(2) The plat
shall be prepared in accordance with the following procedures:
(a) A reasonably stable and durable drawing
paper, linen, or film is considered a suitable material;
(b) Plats may not be smaller than 8-1/2 x 11
inches;
(c) Plats shall show a
north arrow;
(d) A statement
indicating the source of the bearings shall be made on the plat; and
(e) The source of a coordinate system, if
used on the plat, shall be identified.
(3) In addition to the criteria set forth in
§D(2) of this regulation, the plat shall show the following:
(a) Caption or title and address of the
property or a vicinity map,
(b)
Scale,
(c) Date,
(d) Name and address of the firm or
surveyor;
(e) A statement to the
effect that a licensee either personally prepared a planimetric survey or was
in responsible charge over its preparation and the surveying work reflected in
it, all in compliance with requirements set forth in Regulation .12 of this
chapter; and
(f) Seal and signature
of the surveyor who prepared or approved a location drawing.
