Current through Register Vol. 51, No. 6, March 22, 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.
