Why is a Record of Survey required?
The Record of Survey is the means by which field surveys relating to property lines, land boundaries, or other subjects are made available to the public. It is a document that your surveyor may be legally required to file with the County, if certain information is uncovered or disclosed during the course of a boundary establishment. The legal requirements governing when a Record of Survey must be filed are set forth in California Civil Code §8762, but are summarized below. Your surveyor should be prepared to discuss with you both the requirements and the cost of filing a Record of Survey. As an informed consumer, you should be aware that your boundary survey may not be defensible in a court of law if your surveyor has violated the statute by not filing a Record of Survey when required to do so.
A boundary establishment occurs when a surveyor or registered engineer represents to another party (you, the client) the location, relocation, establishment, reestablishment, or retracement of a boundary or property line. According to the California Board of Professional Engineers and Land Surveyors (CBPELS), the representation includes:
A boundary establishment occurs when a surveyor or registered engineer represents to another party (you, the client) the location, relocation, establishment, reestablishment, or retracement of a boundary or property line. According to the California Board of Professional Engineers and Land Surveyors (CBPELS), the representation includes:
- The act of causing a boundary or property line to be accepted or recognized
- The act of proving or demonstrating the location of the boundary or property line
- The setting, resetting, or replacement of a corner, references, or witness monuments
- The act of referencing a boundary or property line by showing dimensional ties to that line in relation to physical features or monuments located on the ground.
Per §8762, a surveyor shall file a Record of Survey if during the course of a boundary establishment, any of the following are disclosed and not shown on any previous subdivision map, official map, or record of survey:
- Material evidence or physical change
- Material discrepancy (position of points or lines; dimensions)
- Evidence resulting in materially alternate positions of lines or points
- Establishment of points or lines not shown or ascertainable on previous record documents
- Setting of points or lines of any parcel described in deed or title instrument and not shown on previous record documents.