Recommended Guidelines for the Practice of Surveying in South Dakota
This
document was prepared by the South Dakota Society of Professional Land
Surveyors and is intended to provide
recommended guidelines for the practice of land surveying in the State
of South Dakota. Adopted December 1999
Table of Contents
Section 4 Technical Specifications
Section 5 Technical Outline for Boundary
Surveys
Section 6 Standards for
Classification of LIS/GIS Surveys
Section 7 GPS Survey
Guidelines
Section 8 Graphic Representation of
Survey Results
Section 11 Land Surveys, ROW
Plats and Subdivision Plats
Section 12 Legal Land
Descriptions
In order to promote
safeguards for property, and to promote public welfare, a manual of Recommended Guidelines for the Practice of
Surveying in the State of South Dakota is hereby adopted.
All persons, in either
public or private capacity, practicing or offering to practice Land Surveying
as defined in South Dakota Codified Law Chapters 36-18 are charged with having
knowledge of the existence of these recommended guidelines, and shall be deemed
to be familiar with the provisions thereof and to understand them.
The standards for surveying
contained herein are recommended for all surveys relating to the establishment or
retracement of property boundaries in the State of South Dakota, whether on
public or private lands. These recommended guidelines shall apply to every survey performed
in this state.
It is anticipated that these
standards will assist in meeting public needs as follows:
1.
That
the property be mapped in a manner that can be understood by the user.
2.
That
the newly created parcels be properly described.
3.
That,
if a retracement survey, the client be made aware of gaps and/or overlaps, and
encroachments with adjoining properties that are known to the surveyor.
4.
That
the monuments placed can be readily located for a reasonable period of time by
the land owner and other surveyors.
5.
That
the precision and resulting accuracy of the survey be such that if a monument
is destroyed it may be replaced within the standards prescribed herein.
This document intends to
provide the licensed surveyor and the users of land surveys with a realistic
and prudent standard of adequate surveying performance. The licensed Land Surveyor will continue to
exercise individual skill, discretion and judgment in each specific task he or
she performs.
The Surveyor should refer to
South Dakota Codified Laws, Definitions
of Surveying and Associated Terms by the American Congress on Surveying and
Mapping and the American Society of Civil Engineers, latest edition thereof,
and the BLM Manual of Surveying
Instructions, 1973.
3.1)
Determine the Scope of the
Job
1.
The
Land Surveyor serves the client faithfully.
The Land Surveyor should question the client in sufficient detail to
obtain an understanding of the client’s need and requirements. If it is necessary to obtain additional information
the client has not supplied, the Land Surveyor should advise the client that
such information must be furnished or obtained prior to determining the
necessary services.
3.2) Evidence of Land Descriptions
1.
Tax
statements are usually inadequate evidence of a proper land description. Abstracts, deeds, Certificates of Title,
title opinions, title binders or combinations thereof are better evidence of
proper land descriptions. The Land
Surveyor should request additional information that may be available on such
matters as prior surveys, easements, or other encumbrances.
2.
It
may be necessary for the Land Surveyor to obtain legal descriptions of
adjoiners in the area. Prior to commencing the survey, Land Surveyors can be expected to exercise reasonable
care during record research, but cannot be held liable for errors or omissions
caused by defects in the chain of title for the property being surveyed, or
that of the adjoiners. Title defects
may be revealed through an examination of title by those professionals trained
and experienced in this area.
3.3) Evaluation of Capabilities
1.
It
is the Land Surveyor’s responsibility to determine whether he or she is
properly qualified, or has the proper knowledge, experience, personnel,
equipment and resources available to undertake the contemplated project. Having appraised the problem and evaluated
the foregoing criteria, the Land Surveyor should plan a method of operation to
accomplish the intended purpose of the land survey.
3.4)
Acceptance of the Project
1.
For
the mutual protection of both client and Land Surveyor, the Land Surveyor
should prepare and supply the client or his agent with a memorandum, letter of
confirmation of work ordered, or contract for the project. The Land Surveyor should also establish with
the client the extent of any known limitations to the Surveyor’s professional
liability and responsibility.
Section 4 Technical Specifications
1.
When
a land survey is to be conducted, it is incumbent upon the client to provide a
land description of the property to be surveyed. A tax statement or a purchase agreement is usually not adequate. Also the Land Surveyor should consult other
sources of information in order to assemble the best possible written evidence
of the corners and lines of the property being surveyed. Important records include, but are not
limited to:
records of previous surveys;
land descriptions of adjoining properties; records of nearby highways,
railroads and utilities; records of all applicable public agencies, e.g.,
subdivision plats, section mapping, aerial photographs, quadrangle and other
topographic maps, and other private sources as may be available.
After all written documents have been analyzed, the Land
Surveyor shall conduct a field investigation of the property. The Land Surveyor shall make a thorough
search for all monumentation, note evidence of occupation and obtain parole testimony
as he deems it necessary to substantiate unrecorded historical evidence
recovered at the site.
4.2) Accuracy Standards for Property
Boundary Surveys
1.
The
surveyor shall select the proper equipment and method necessary to achieve
either the required relative position tolerance, required radial survey
measurement tolerance or required traverse closure.
2.
The
relative position tolerance and traverse closure at sixty-eight percent (68%)
confidence level shall be one-tenth of a foot (0.10') or 1:10,000 for distances
greater than one thousand feet (1000').
1.
Every
boundary survey performed in South Dakota shall be monumented, or witness
monumented, at all boundary corner locations.
All corners shall be marked with a physical monument of a permanent and
easily distinguishable type or character, and set in a manner providing a
degree of permanency consistent with that of adjacent terrain and physical
features. Monuments set by a Land Surveyor
shall be made of durable material and should include an element that makes it
possible to detect the monuments by means of some device for finding ferrous or
magnetic objects. Monuments set by a
Land Surveyor shall bear a cap with the identification of the Land Surveyor by
his name and his registration number.
2.
Monuments
may be any of a large assortment of markers including iron pipe, cast concrete,
cast iron, iron rods or pins, chiseled crosses, etc. Wood stakes shall not be
used as monuments. Also, small
rods and masonry nails are to be used only in such cases in which it is
impossible to set a more substantial monument and shall be noted as such on the
Record of Survey.
3.
Examples
of acceptable monuments would be:
a)
Steel
rebar: ½ inch diameter or larger a
minimum of 18” long with properly stamped survey cap.
b)
Steel
pipe: ½ inch inside diameter or larger a minimum of 18” long with properly
stamped survey cap.
c) Concrete markers: minimum of 4 inch diameter or 4 inch square,
a minimum of 18” long and buried in the ground, with a rebar or metal pipe and properly stamped cap encased in the
concrete.
d)
A
drill hole, or a clearly scribed or chiseled mark, in existing concrete or
stone. This shall only be used if it is
totally impractical to set any other type of monument. If it is necessary to
use this type of mark, it must be accompanied by a witness mark or reference
ties to existing features.
e)
A
3" hardened steel spike with a washer properly stamped with the LS number
is acceptable in paved surfaces where other monuments are impractical.
4.
“Witness
Monumentation” refers to the setting of offset corners when it is not possible
or practical to set the actual corner.
For example, in business sections of urban areas, buildings may be
erected upon the property line. In such
cases, chiseled crosses could be set on the extension of the lot lines at a
convenient distance from the true corner.
In such cases where the placement of a required monument at its proper
location is impractical, it shall be permissible to set a reference monument
close by the point, and if such reference monument is set, its location shall
be properly shown on the plat of the survey.
When conditions warrant setting a monument on an offset, the location
shall be selected so the monument lies on a line of the survey or on the
prolongation of such line. Offsets
shall not be in fractional feet unless a physical obstruction affects their
location.
5.
It
is recommended that all monuments be prominently marked by the Land Surveyor in
such a manner as to enable the client to easily find the monument. The markings should be appropriate to the
conditions and vegetative cover, and may range from paint on pavement in urban
areas, to substantial wood stakes. The
Land Surveyor should caution the client on the value and importance of his
boundary monuments and recommend various methods whereby they can be protected
and preserved. Also caution the client
on the legal ramifications of moving or damaging a monument and/or noticing any
disturbance by other parties.
Section 5 Technical Outline for Boundary
Surveys
5.1) Preliminary Record Research and Investigation
5.2) Analysis of Research and Preliminary Conclusions
The Land Surveyor should:
1.
Examine
and analyze data obtained.
2.
Form
preliminary conclusions.
3.
Plan
procedure for performing the field survey.
5.3) Field Investigation
The Land Surveyor should:
1.
Search
for, locate and identify monuments and other real evidence that may affect the
survey.
2.
Investigate
direct and circumstantial parole evidence, identify obliterated control monument
positions and take testimony when possible.
3.
Take
necessary measurements to correlate found evidence.
4.
Where
relevant, locate occupation between adjoiners.
5.
Record
information in appropriate form.
6.
Conduct
the survey in the field with appropriate equipment and procedures. (See Section 4)
5.4) Conclusions
The Land Surveyor should:
1.
Make
computations to verify measurements.
2.
Evaluate
the evidence.
3.
Contact
the other Land Surveyor when his or her work does not agree with that being
done. The disagreement should be
investigated and resolved if possible.
4.
Apply
the proper theory of location in accordance with law or precedent, using the Manual of Surveying Instruction in use
at the time of the original survey as a guide.
5.
Set
appropriate monuments to delineate the boundary lines surveyed. (See Section 4)
6.
Prepare
a Record of Survey showing the results of the boundary survey. The Record of Survey should be accompanied
by a written Survey Report when appropriate.
(See Section 10)
Section 6 Standards for Classification of
LIS/GIS Surveys
6.1) General
Land
Information System / Geographic Information System (LIS/GIS) surveys are
defined as the measurement of existing surface and subsurface features for the
purpose of determining their accurate geospatial location. All LIS/GIS surveys shall be performed under
the direction of a licensed Professional Land Surveyor. For the purpose of specifying minimum
alowable surveying standards, three general classifications LIS/GIS surveys are
established:
1. Urban
and Suburban LIS/GIS surveys (Class A).
Urban and suburban LIS/GIS surveys include the location of features
within lands which lie in or adjoining a town or city. For Class A LIS/GIS surveys, the relative
accuracy shall be equal to or less than 1.2 meters (4.0 feet) 2s
RMS.
2. Rural
LIS/GIS surveys (Class B). Rural LIS/GIS
surveys include the location of features within lands that lie outside of
suburban areas. For Class B LIS/GIS
surveys, the relative accuracy shall be equal to or less than 2.5 meters (8.20
feet) 2s RMS.
3. Regional
LIS/GIS surveys (Class C). Regional
LIS/GIS surveys include the location of features within lands that lie in
multi-county areas. For Class C LIS/GIS
surveys, the relative accuracy shall be equal to or less than 5 meters (16.40
feet) 2s RMS.
6.2) The licensed Professional Land Surveyor in responsible charge
of the LIS/GIS survey shall certify to all of the following in either written
or digital form:
1. Class
of LIS/GIS survey.
2. Method
of measurement (ie, global positioning system, theodolite and electronic
distance meter, transit and tape).
3. Date(s)
of the survey.
4. Datum
used for the survey.
Section 7 GPS Survey Guidelines
7.1) General: Global Positioning System (GPS) surveys are defined
as any survey performed by using the GPS 3-dimensional measurement system based
on observations of the radio signals of the Department of Defense's (Navigation
Satellite Timing and Ranging) GPS System.
All GPS boundary and geodetic control surveys shall be performed under
the direction of a licensed Professional Land Surveyor.
7.2)
The licensed Professional Land Surveyor in responsible charge of the
GPS survey shall sign and seal all prepared documents. When a map or document consists of more than
one sheet, only one sheet must contain the certificate. However, all maps or drawings consisting of
more than one sheet shall be signed and sealed on each sheet. The certificate shall contain the following
information:
1.
Class
of GPS survey, as defined by Federal Geodetic Control Subcommittee (FGCS).
2.
Type
of GPS field procedure (Static, Kinematic, Real Time Kinematic,
Pseudo-Kinematic).
3.
Type
of adjustment used.
4.
Date(s)
of survey.
5.
Type
and model of GPS receivers used.
6.
What
datum coordinates or geographic positions are based on.
The certificate may be
substantially in the following form:
"I, __________________________,
declare that this map was drawn under my supervision from an actual GPS survey
made under my supervision and that I used ___________________ GPS field
procedures. Coordinates were obtained
by ___________________ adjustment. This
survey was performed on ___________________ using _____(number)
_______________(type) of receivers and all coordinates are based on
______________________.
7.3)
The following guidelines prescribe the minimum procedures that should
be used for first or second order GPS surveys:
1.
Direct
connections must be made to any adjacent observable National Geographic
Reference System (NGRS) and/or South Dakota HARN station located five
kilometers (5 km) or less from any new station.
2.
At
least three (3) existing higher or equal order control points must be included
in any proposed Global Positioning System (GPS) survey. Whenever possible these should be three (3)
3-d control points. Otherwise, two (2)
sets of three (3) points (three (3) 2-d horizontal points and three (3)
vertical control points) must be used.
These control points should be chosen to be roughly equidistant on the
periphery of the network so that they enclose as much of the proposed network
as possible.
3.
Each
new point to be established by the proposed GPS survey must be occupied at
least two (2) separate times to enable proper checking of blunders (for
heights). A separate occupation is one
where the antenna has been taken down and set up again and the receiver
restarted.
4.
Each
point must be connected by simultaneous occupations (that is, base line) to at
least three (3) other points in the network after outlier base lines have been
rejected from the adjustment. Because
it is generally easier to resolve the integer phase ambiguities over shorter
base line, adjacent points should be connected wherever possible.
5.
At
least two (2) receivers must be used for relative positioning, although three
(3) or more may be used for more efficient operation and increased station
reoccupation and base line repeatability.
6.
A
preanalysis should be performed to determine the minimum occupation time
required to achieve the required standard of accuracy. In addition, the most appropriate satellites
to observe at each site should also be selected for receivers unable to track
all of the “visible” satellites. The
preanalysis should be specific for carrier phase relative positioning.
7.
In
order to meet second order accuracies, the carrier beat phase must be observed
together with a time tag for each observation.
Pseudo-range observations are not precise enough for control surveys and
cannot be used.
8.
A
detailed field log must be kept during observations taken at each station. At the very least, the following information
must be recorded:
a.
Universal
Time Correction (UTC) date of observations;
b.
Station
identification (name and number);
c.
Session
identification;
d.
Serial
numbers of receiver, antenna, and data logger;
e.
Receiver
operator;
f.
Antenna
height and offset from monument, if any, to one millimeter (1 mm). Note should be made of any deviation from
standard method of measuring HI;
g.
Diagram
illustrating stamping on the monument;
h.
Other
stations observed during session;
i.
Starting
and ending time (UTC) of observations;
j.
Satellites
observed (including time of changes); and
k.
Completed
field log data forms should be maintained for each station occupation.
9.
Station
description information must be documented for each station occupied. Station descriptions must include station
name, county, township, range, section, United States Geological Survey (USGS)
7.5’ quadrangle name, date monumented, date of observations, complete
descriptions of the station, azimuth and all reference monuments, a current “to
reach” description, and any special information such as property owner name,
address, and phone number. A sketch
depicting the station and reference marks with dimensions and directions shown
should accompany all narrative data.
10.
If
the GPS survey project includes any surveys using conventional or terrestrial
horizontal surveying techniques, copies of all field notes and associated data
must be maintained.
11.
When
the GPS survey project includes surveys performed using conventional
differential leveling techniques, copies of all field notes and associated data
must be maintained. An example of this
would be a vertical tie from a non-occupied benchmark to a GPS station.
12.
A
tabulation of the results of the repeat base line comparisons should be
included in the project report.
13.
A
minimally constrained (free) least squares, three dimensional (3-d) adjustment
must be performed and documented.
Section 8 Graphic Representation of Survey
Results
A record of survey within
the purpose and intent of this document is defined as a graphic representation
of any parcel or tract of real property whose primary purpose is to show the
results of a boundary survey. Records
of Survey shall be neatly drawn to a convenient scale; contain proper linear
and angular dimensions; show the method of orientation or basis of bearing;
correctly designate lines; contain pertinent physical features (natural,
artificial or both); and include other data and information developed by and
during the survey that is pertinent, relevant, or important to the boundary
surveyed.
1.
Recommendations
for Record of Survey
A)
The
size of the documents should conform to the requirements of the project. A minimum size of eight and one-half inches
by eleven inches is recommended. A
larger size drawing may be used so that the drawing will be of sufficient size
and scale to easily note the features required in E) below.
B)
Prints
of the documents should be reproductions of the original tracing that produce
clear and lasting results.
C)
The
original should be retained by the Land Surveyor as part of his permanent
records. He shall have free use of this
tracing, the field notes, and other records so developed to facilitate future
surveys. The Land Surveyor should be
cautious and exercise good judgment in such use to reasonably protect the
interest of the client for whom the survey was prepared.
D)
The
Record of Survey shall be signed and sealed by the licensed Land Surveyor who
performed or supervised the survey.
E)
All
Records of Survey shall contain the following information:
1)
Title
(Type of Survey).
2)
A
north arrow accurately correlated to the courses shown on the property lines.
3)
Indication
of basis of bearings or azimuths, whether true meridian is state grid or assumed
bearing.
4)
A
numerical and graphic scale.
5)
Date
of survey.
6)
Horizontal
length of each boundary line.
7)
Direction
of each line or angle between all intersecting lines. Under certain circumstances, such as a simple rectangular lot or
tract, only one angle may be appropriate and acceptable.
8)
The
central angle, length of curve and radius, and the length and bearing of chord
from the beginning to end of curve for each curved common boundary line or
individual boundary line. Additional
curve functions may be shown.
9)
Visible
encroachments, or others discovered.
10)
Legal
land description of the property.
11)
Land
Surveyor’s Certification.
12)
Known
boundary or description gaps or overlaps due to previous surveys. Gaps and overlaps should be dimensioned
whenever possible.
13)
Legend
showing monuments recovered and monuments set, etc., or as shown on a plat of
record.
14)
Easements
located in accordance with descriptions furnished, or as shown on a plat of
record.
15)
A
location map and/or a descriptive location of the property by township, city,
or county, in addition to the legal land description.
16)
Lot
and block numbers, names of thoroughfares and waterways.
17)
Area
of parcel surveyed. On small city lots,
square footage may be preferable.
18)
Boundaries
formed by water courses shall be located by traverse or offset lines and
defined with bearing and distance.
F)
Records
of Survey may also contain the following information:
1)
Name
of owner of the property or the name of the person who requested the survey.
2)
Measurements
to the nearest foot from a traverse or offset line to the water’s edge.
3)
Dimensions
of structures showing size and location together with the type of construction,
obvious use, and street address, if any.
4)
Written
survey report.
1.
Title surveys shall adhere to all provisions of “Minimum Standard Detail Requirements”
for Land Title Surveys, ACSM-ALTA,
current at the time of the survey.
Modifications to these standards or elimination of some of the ALTA
requirements are acceptable if agreed upon in advance with the client to better
suit his needs.
8.3)
Mortgage Loan Inspections
1.
Recommendations
for Mortgage Loan Inspections
A)
All
mortgage loan inspection drawings shall contain the following information:
1)
Title
(Mortgage Loan Inspection).
2)
A
north arrow accurately correlated to the courses shown on the property
lines.
3) The
name, address, and telephone number of the surveyor responsible for the
inspection.
4)
A
numerical and graphic scale.
5)
Date
of inspection.
6)
Visible
encroachments.
7)
Land
description of the property.
8)
Land
Surveyor’s Certification.
9)
A
descriptive location of the property by township, city, or county, in addition
to the land description.
10)
Legend.
11)
Lot
and block numbers, names of thoroughfares and waterways.
12)
Dimensions
of structures showing size and location together with the type of construction,
obvious use, and street names, if any.
13)
All
property corner monuments found and identified as to character.
14)
Known
boundary or description gaps or overlaps.
Gaps and overlaps should be dimensioned wherever possible.
B)
The
mortgage loan inspection shall
be signed and sealed by the licensed Land Surveyor who performed or supervised
the inspection.
C)
Mortgage
loan inspection drawings may
also contain the following information:
1)
Name
of owner of the property or the name of the person who requested the
inspection.
2)
Horizontal
lengths of lines of the subject property wherein such lengths are of public
record as in a deed or on a recorded plat.
3)
Easements
located in accordance with descriptions furnished or as shown on a plat of
record.
2. Certification
A) A
mortgagee title inspection shall not contain the word survey in any part of the
certification unless all of the property corners have been set, reset or
verified.
B) The
certification shall contain the name, address, and telephone number of the
surveyor responsible for the inspection, in addition to the following:
1) A
statement that the inspection was either conducted by the land surveyor or that
the surveyor caused the inspection to be made.
The date the inspection was made and the legal description of the property
inspected.
2) A
statement that the accompanying sketch is a true representation of the
conditions that were found at the time of the inspection and that the
inspection was prepared for mortgagee title insurance only, and that the
document does not constitute a boundary survey and is subject to any
inaccuracies that a subsequent boundary survey may disclose. It shall state the fact that no property
corners were set, and that the information shown on the sketch should not be
used to establish any fence, structure or other improvements. It should be stated that the linear or
angular values shown on the sketch, if any, are based on record or deed
information and have not been verified unless noted. Include notification that the land surveyor is not extending a
warranty to the present or future owners or occupants.
3) The
land surveyor shall sign and seal the document. All lettering on the documents should be legible.
1.
In
this context with respect to tracts of land, and to those linear facility
surveys wherein the purpose of the survey is to gather data to prepare land
descriptions and show all improvements on these parcels.
A)
The
as-built survey shall be signed and sealed by the licensed Land Surveyor who
performed or supervised the survey.
B)
All
as-built survey drawings shall contain the following information:
1)
Title
(As-Built Survey).
2)
A
north arrow correlated to the courses shown on the property lines.
3)
Indication
of basis of bearings or azimuths when used.
4)
A
numerical and graphic scale.
5)
Date
of survey.
6)
Horizontal
length of each boundary line.
7)
Direction
of each line or angle between all intersecting lines. Under certain circumstances, such as a simple rectangular lot or
tract, only one angle may be appropriate and acceptable.
8)
The
central angle, length of curve and radius, and the length and bearing of chord
from the beginning to end of curve for each curved common boundary line or
individual boundary line. Additional
curve functions may be shown.
9)
Visible
encroachments, or others discovered.
10)
Legal
land description of the property.
11)
Land
Surveyor’s Certification.
12)
Legend
showing monuments recovered and monuments set, etc.
13)
Lot
and block numbers, names of thoroughfares and waterways.
14)
Dimensions
of structures showing size and location together with the type of construction,
obvious use, and street address, if any.
15)
Known
boundary or description gaps or overlaps.
Gaps and overlaps should be dimensioned wherever possible.
C)
As-Built
Survey drawings may also contain any or all of the following information, as
may be requested by the client:
1)
Name
of owner of the property or the name of the person who requested the survey.
2)
A
location map and/or a descriptive location of the property by township, city,
or county, in addition to the legal land description.
3)
Easements
located in accordance with descriptions furnished, or as shown on a plat of
record.
4)
Measurements
to the nearest foot from a traverse or offset line to the water’s edge.
5)
Area
of parcel surveyed.
6)
Boundaries
formed by water course shall be located by traverse or offset lines and defined
with bearing and distance.
7)
Written
survey report.
8.5)
Topographical Surveys for
Mapping
1.
When
the topographical map is combined with a boundary survey, the certification
shall be signed by the licensed Land Surveyor who performed or supervised the
survey and shall adhere to all provisions of Section 5 “Boundary Surveys”.
2.
When
there is no boundary survey:
A)
All
topographic maps shall contain the following information:
1)
Title
(Avoid the use of the word “survey”.
Topographic Map is suggested.)
2)
A
north arrow.
3)
A
numerical and graphic scale.
4)
Date.
5)
Contour
interval.
6) Vertical datum (NGVD 1929, NAVD 1988, or local datum as appropriate).
7)
Benchmark.
8)
Identify
the person and/or firm who prepared the map, and provide a certificate of the
licensed Land Surveyor that performed or supervised the survey for the map.
9)
Identify
the location of the property.
10)
Legend.
11)
Indication
of basis of bearings or azimuths when used.
12)
Names
of thoroughfares and waterways.
B)
Topographic
Maps may also contain any or all of the following information, as may be
requested by the client:
1)
Name
of owner of the property or the name of the person who requested the map.
2)
Size
and location of structures showing together with the type of construction,
obvious use, and street address, if any.
3.
Care
must be taken that the purpose and limitations of this type of map are
understood by the user. It is suggested
that the words “This is not a Boundary
Survey” be prominently printed upon the map unless it is combined with a
boundary survey.
1.
Site plans are planimetric surveys depicting
existing and/or proposed physical features on a parcel of property. When combined with a
boundary survey, this plan shall adhere to the provisions of Section 5 “Boundary Surveys”.
2.
Care
must be taken that the purpose and limitations of this plan are understood by
the user. It is suggested that the
words “This is not a Boundary Survey”
be prominently printed upon the certificate.
If it is combined with a boundary survey, than the boundary survey shall
be performed by a licensed Land Surveyor or under his supervision.
1.
The
purpose of this map will dictate what generally will be shown.
A)
All
compiled maps shall contain the following information:
1)
Title
(do not use the word “survey”).
2)
A
north arrow.
3)
A
numerical and graphic scale.
4)
Date.
B)
Compiled
maps may also contain the following information as requested by the client:
1)
Name
of owner or client.
2)
A
location map and/or a descriptive location of the property by township, city,
or county.
3)
Legend.
4)
Description
of source of material.
2.
Care
must be taken that the purpose and limitations of this type of map is
understood by the user. It is suggested
that the words “This is not a Boundary
Survey” be prominently printed upon the map, unless it is combined with a
boundary survey.
9.1)
All certifications for boundary surveys must follow SDCL and be
signed and sealed by the licensed Land Surveyor who performed or supervised the
survey. The wide variety of client
needs may require other types of certification. The form used should express the type of service and may be used
to limit responsibility. (See SDCL #11-3-4 and 36-18-27.1)
The Land Surveyor should use sound and practical reason when certifying a drawing, and should take care that the requirements of the client are necessary and do not legally bind him to those things to which he does not wish to be bound.
10.1)
Due to insufficient field evidence, ambiguous legal descriptions, other
errors and/or omissions in available research material, the physical location
for boundary lines may be uncertain.
The Land Surveyor should clearly indicate the nature of discrepancy on
his Record of Survey, and may include a written report offering his
professional opinion as to the nature of the problem and the probable cause and
effect. The Land Surveyor may want to
recommend that his client seek legal assistance. It should be kept in mind that the duty of the Land Surveyor is
to locate and mark lines indicated by deeds and descriptions, and not to
confirm the validity of these lines as property lines. The question of a line being a property line
must be resolved by a court of law.
Section 11 Land Surveys, Right-of-Way Plats and
Subdivision Plats
1.
Shall
be surveyed and platted as provided in South Dakota Codified Law.
2.
All
surveyors shall complete, sign and file with the register of deeds of the
appropriate county a corner record for every public land survey corner and accessory
to the corner which is established, re-established, monumented, re-monumented,
restored, rehabilitated, perpetuated or used as control in any survey. The corner record must be filed within
ninety days of the survey. This
requirement is waived if the corner and its accessories are substantially as
described in an existing corner record previously filed.
(Note: This Section to be expanded to include our
position on highway plats.)
Section 12 Legal Land Descriptions
12.1)
When a new land description is to be drafted but is restricted along
one or more boundary lines because of undesirable wording, and is already of
record, every attempt should be made to:
1)
clarify
the existing description as much as possible, within limitations, to eliminate
doubts as to that description’s intent; or
2)
write
the “new” portion of this description to comply as much as possible with
accepted guidelines.
Such a new description is
often called “A Suggested Revised Land
Description”.
When preparing a Retracement
Survey, the existing land description should be examined within itself, with
respect to its adjoiners, and with respect to encroachments. If necessary, “A Suggested Revised Land Description” may be prepared. The client should then be advised to seek
competent and experienced legal help. The
Land Surveyor should recognize his limitations, and refrain from giving legal
advice. Platting of the existing deeded
land can clarify the description with respect to its adjoiners.
Metes and bounds
descriptions cannot be legally recorded in South Dakota.
13.1)
Every Land Surveyor is encouraged to preserve his records, field notes
and plats. It is of particular
importance that arrangements be made for proper transfer of records. Filing records in a public place may excuse
this obligation.
13.2)
The Land Surveyor should keep a file and index of all field notes,
calculations, maps, plats, photographs, and other data accumulated during
surveys.
13.3)
Land Surveyors are encouraged to accumulate information on the
historical development of surveys in the geographical area of their practice.
13.4)
Although communications between the Land Surveyor and client are
confidential, he or she must be prepared to discuss the technical aspects of
surveys with other Land Surveyors.