Sec.20-300b-16. Land records research

(a) Land Records Research shall include, but not be limited to, the following:

(1) an examination of the record descriptions of the property being surveyed;

(2) an examination of the record descriptions of the adjoining parcels;

(3) an examination of record surveys and subdivision maps of the land being surveyed and of adjoining parcels;

(4) an examination of tax assessor's plats and records;

(5) an examination of pertinent easements and other documents; and

(6) an examination of Probate Court records, when applicable.

(b) All surveys presenting the surveyor's property/boundary opinion, except Resurveys, shall include a record search of the surveyed property's chain of title, with deeds going back not less than 40 years. Resurveys, except for Independent Resurveys, shall include a record search of the surveyed property's chain of title with deeds going back at least as old as the date of the survey relied upon.

(c) The 40-year minimum requirement is not to be construed as a flat period of time to search a title. To determine the original intended boundary locations, most surveys require research well beyond the statutory 40-year period.

(d) Identifying the owner of the property on the survey shall not constitute a certification as to the absolute ownership of the property. It shall however, indicate a record name or names in which the property stood at the time of the survey, without stating other interests which may pertain to the ownership of the property.

(Adopted effective June 21, 1996; Amended October 26, 2018)