Section 865IAC1-12-12. Publication of retracement and original survey results

   (a) When conducting a retracement survey or an original survey, a registered land surveyor shall do the following:

(1) Furnish the client with a written surveyor's report that, in addition to other pertinent data, identifies the type of survey, explains the theory of location applied in establishing or retracing the lines and corners of the surveyed parcel, and gives the registered land surveyor's professional opinion of the cause and the amount of uncertainty in those lines and corners because of the following:

(A) Availability and condition of reference monuments.

(B) Occupation or possession lines.

(C) Clarity or ambiguity of the record description used and of adjoiners' descriptions and the relationship of the lines of the subject tract with adjoiners' lines.

(D) The relative positional accuracy of the measurements.

(2) Record the plat of survey and the associated surveyor's report in the county recorder's office in the county where the property is located when:

(A) a new tax parcel will be created based on the survey;

(B) a survey of:

(i) an unsubdivided tract; or

(ii) a portion of a subdivided lot;

has not been previously recorded;

(C) if, in the registered land surveyor's opinion, a survey of a whole subdivided lot or lots is substantially at variance with:

(i) the subdivision plat;

(ii) previously recorded surveys;

(iii) monuments; or

(iv) evidence of possession;

(D) if, in the registered land surveyor's opinion, the:

(i) monuments;

(ii) monument witnesses;

(iii) evidence of possession; or

(iv) description;

are not consistent with the last recorded survey of the parcel;

(E) it is required by law; or

(F) the plat of survey contains land for a new subdivision plat that will subsequently be recorded. The subsequent subdivision plat must be cross-referenced to the previously recorded survey plat.

  (b) Notwithstanding subsection (a)(2)(C), an original, platting surveyor setting monuments in a new subdivision in accordance with section 18 of this rule does not need to prepare or record a plat of survey or surveyor's report unless the survey reveals substantial variance with the:

(1) subdivision plat;

(2) existing monuments; or

(3) evidence of possession.

  (c) The recorded plat of survey shall:

(1) show the name of the owner of the property on the recorded plat of survey according to the county tax records at the time the survey was certified; and

(2) be cross-referenced to the latest record plat of survey of the property, if any is found.

  (d) The plat of survey and the associated surveyor's report shall be recorded in the case:

(1) an original or retracement survey (not previously recorded) that contains a proposed new subdivision plat, before recording the new subdivision plat; or

(2) retracement or original surveys not described in subdivision (1) within:

(A) three (3) months of the survey certification date; or

(B) three (3) years and three (3) months of the survey certification date in those instances where the client signs an objection, which must contain the following statement:

I, the undersigned, hereby request that the following identified survey, certified to me:

(Indicate one (1) or both of the following:)

(i) Shall not be recorded for a period of three (3) years and three (3) months from the date of certification.

(ii) Shall not contain the name of the undersigned client on the survey recorded.

Signed: ________________________

Date: __________________________

Certifying Surveyor:

Certificate Date:

Job Number:

Brief Description:

A copy of the signed statement shall be kept with the land surveyor's file.

  (e) Nothing in this rule shall:

(1) require the registered land surveyor to:

(A) furnish any survey documents to the client; or

(B) record them;

unless the client has satisfied the terms of the surveying engagement; or

(2) prevent the registered land surveyor from furnishing a pro forma copy of the survey to the client for use until the certified survey is requested provided the survey is clearly marked PRO FORMA SURVEY.

  (f) Any drawings or plats prepared by a registered land surveyor, such as:

(1) plot plans;

(2) deed plots;

(3) topographic maps;

(4) site plans; or

(5) construction plans;

that are not intended to be retracement or original surveys, route surveys, or surveyor location reports, shall contain a note stating "This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a Surveyor Location Report.". Any drawing or plat showing set monumentation is considered to be an original, retracement, or route survey and as such is subject to the applicable sections of this rule. (State Board of Registration for Professional Surveyors; 865 IAC 1-12-12; filed Jun 21, 1988, 4:05 p.m.: 11 IR 3912; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2245; filed Oct 13, 1992, 5:00 p.m.: 16 IR 889; errata, 16 IR 1188; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed Jan 26, 2004, 11:00 a.m.: 27 IR 1886; filed May 4, 2006, 1:25 p.m.: 29 IR 3011; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-13-12 was renumbered by Legislative Services Agency as 865 IAC 1-12-12.