Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: Reference to the Minimum Standards in
section (3) should have been changed to the Missouri Standards when that
revision was made to all other rules in Chapter 60 in 2017. The words
"Electronic Distance Measuring" have been placed in front of the acronym EDM
for clarification in section (3). Also, in an effort to make the rules located
in Chapter 60 through Chapter 65 more uniform, the words "professional or
professional land" have been added to the words "surveyor" or "land surveyor."
This rule is being amended for housekeeping purposes.
(1) A licensed professional land surveyor in
Missouri shall not provide to any party a Surveyor's Real Property Report
unless they are in the possession of a work order specified elsewhere in this
chapter and signed by the borrower/purchaser indicating that they have been
advised of the different types of surveying services available and the scope of
each of these services. The required work order is to be initiated and signed
during the loan application process. The Surveyor's Real Property Report is to
be used only for residential single-family detached dwellings, duplexes,
triplexes, and fourplexes with not more than one (1) dwelling structure per
previously surveyed and recorded parcel or tract. The Surveyor's Real Property
Report is not to be used for commercial, institutional, industrial buildings,
or multifamily dwellings which share a common entranceway or
stairwell.
(2) Research and
Records-The professional land surveyor shall perform adequate research,
maintain sufficient recorded documentation, and provide the field crew with
information necessary to locate the property in the field.
(3) Field Procedures-Detailed notes shall be
taken on each Surveyor's Real Property Report and kept as a part of the
professional land surveyor's permanent records. A diligent search for existing
control shall be made by the field crew and the highest order of mon-umentation
available shall be used. Monumentation is defined as permanent and
semi-permanent monuments described in the Missouri Standards for Property
Boundary Surveys and other survey control, such as stones, axles, rebars,
crosses, and pipes. Occupation lines, such as fence lines, hedge rows, and
mowing lines, are not considered monumentation unless supported by survey
control. The professional land surveyor must obtain sufficient evidence
relating to the property boundary to demonstrate general knowledge of the given
area. Appropriate field instrumentation and measuring equipment needed to
achieve the stated level of certainty shall be utilized. The norm would include
Electronic Distance Measuring (EDM), theodolite, transits, and measuring
tapes.
(4) Form of Report-The
report is a drawing of the parcel and it shall be furnished to the
borrower/purchaser and shall show the following:
(A) Property lines with the boundary
dimensions from the deed description or subdivision plat shall be
shown;
(B) The monumentation
accepted or adopted to locate and orientate the parcel, shall be shown or noted
on the report;
(C) Permanent
structures having fixed foundations or footings such as buildings and in-ground
swimming pools, shall be located and dimensioned. Permanent structures shall be
shown with a minimum of three (3) dimensions sufficient to locate the structure
in relation to the property lines. Dimension offsets shall be shown
perpendicular to straight property lines and radially to curved property lines.
The level of uncertainty of these locations shall be shown in parentheses after
each dimension or by means of a general note. Two (2) of the many possible
examples are: 12.5' (or ± 0.5') or 21' (or ± 1'). The uncertainty
of all dimensions of permanent structures shall not be greater than one-tenth
of a foot (0.1'). Walks and drives shall be shown graphically but need not be
dimensioned. When the uncertainty of the dimensions to permanent structures is
not precise enough for a positive determination, a property boundary survey
shall be recommended to the borrower/purchaser and this recommendation shall be
stated on the report;
(D) Means of
access and platted setback lines shall be shown;
(E) Easements shown on the subdivision plat
shall be shown. If documentation of other easements is provided the
professional land surveyor, they shall be shown together with their
source;
(F) The posted address
shall be shown, if not posted, so state;
(G) A north arrow and graphic scale shall be
shown;
(H) Apparent encroachments
shall be noted and shown in an obvious manner. When the uncertainty of
dimensions to possible encroachments are not precise enough for a positive
determination, a property boundary survey shall be recommended to the
bor-rower/purchaser and shall be stated on the report;
(I) The sheet size for the report shall not
be less than eight and one-half inches by eleven inches (8 1/2" x 11").
Lettering size on the report shall not be smaller than eight-hundredths of an
inch (0.08") in height;
(J) The
following caption shall appear prominently on the drawing with minimum letter
size of seventeen-hundredths of an inch (0.17"): Surveyor's Real Property
Report; and
(K) If the
certification and the drawing are on two (2) separate pieces of paper, it shall
be so indicated. (For example: page 1 of 2, page 2 of 2).
(5) Certification-A Surveyor's Real Property
Report shall not contain the word survey in any part of the report except as
required in this standard, and must contain the following:
(A) The name, address, and telephone number
of the professional land surveyor responsible for the report and the name of
the party who ordered the work;
(B)
A statement that the report was either conducted by the professional land
surveyor or under his/her immediate personal supervision, the date the report
was made, and the real property description or the public record reference of
the property shown in the report;
(C) A statement that the accompanying drawing
is a representation of the conditions that were found at the time of the
inspection and that the report does not constitute a property boundary survey
and is subject to any inaccuracies that a subsequent property boundary survey
may disclose. It shall state the fact that no property corners were set, and
that the information shown on the drawing should not be used to construct any
fence, structure, or other improvements. If the property dimensions are based
upon unverified recorded or deed information, this shall be so stated. Include
notification that the professional land surveyor is not extending a warranty to
the present or future owners or occupants; and
(D) The professional land surveyor shall
sign, seal, and date the report.
