A LAND SURVEY

A LAND SURVEY- WHAT AM I PAYING FOR?

Many responsible consumers have questions about the cost of land surveying. The purpose of this example is to educate the landowner/title professional by demonstrating the time and effort involved in producing a professional product.

Two examples are given, the first being a rural tract, and the second a residential subdivision lot.

EXAMPLE 1– RURAL TRACT: Contract for Professional Survey Services has been signed. For this example, a 20 acre tract with house and barn located in Garner, Parker County, Texas. Title commitment from title company will be ready in 10 days, the survey needed in 14 days.

STEP ONE: Research

a) Trip to Parker County tax office to obtain owners and recording information of subject tract as well as each adjoiner (neighboring tract). (Note: researching and analyzing the adjoiner tracts’ boundaries is required by law. See attached Professional Land Surveying Practices Act, Article 5282C, Vernon’s Texas Civil Statutes, No. 663.16 b.)

b) From tax office go to the Parker County Clerk’s office to purchase a copy of each deed and plat to use to determine property lines. Quickly read each to ascertain the need for additional deeds and plats. If needed purchase these additional copies.

Time involved in step one – 6 to 8 hours.

STEP TWO: Deed Sketch

Each deed and plat are read and entered in the computer by the survey technician. Check is made for any overlaps, gaps or other conflicts or errors. A map of the subject property and adjoiners is prepared and a copy made ready for the field crew.

Time required : 6 to 8 hours.

STEP THREE: Field Work

3-man Survey crew with Total Station and Data Collector or GPS sent to site.

a) Survey crew searches for boundary evidence on subject tract and adjoiners: property corners and fence lines, tree rows, rock walls, etc.

b) A rough sketch of the property is made by the crew chief to work off of. They run a traverse around subject property from which ties can be made to the boundary evidence. After a few ties are made to the found corners, the traverse can be assigned coordinates allowing the crew to look for additional corners based on the deed sketch.

c) Other improvements tied down such as house, barn, road, overhead electric, pipeline, etc. House and barn are measured with a tape measure.

d) Initial field work completed and turned in to office.

Time required: 12-24 hours.

STEP FOUR: Boundary Analysis- performed by the Registered Surveyor

a) Field work downloaded from Data Collector and checked for errors or bad entries.

b) Plot is made of all points tied

c) Evidence found in field compared to subject tract deeds and adjoiner deeds.

d) In some cases*, enough points check with each other to allow surveyor to locate and establish Final Boundary Corners.

e) Final stake out and point sheet prepared for file and field crew.

Time required 6 to 10 hours.

*In most cases the field crew will have to be sent back to the field to tie additional corners to confirm boundary location.

STEP FIVE: Stake Final Boundary Corners

Field crew sent to site with stake-out sheet to set and record the final pins that are set.

Time required 4 to 8 hours.

STEP SIX: Drawing of Boundary Survey

After step Four (e) is completed all information is turned over to draftsman to prepare final drawing. Registered Surveyor or survey technician will prepare Legal Description for survey.

Time required 10 to 16 hours.

STEP SEVEN: Title Commitment Received from Title Company

Surveyor or Survey Tech checks each easement received to see if it affects subject tract. This will sometimes require obtaining copies of older deeds to clear up some of the old easements. Notes are written that will be shown on survey.

Time required 4 to 6 hours.

STEP EIGHT: Registered Surveyor checks survey

Time required is 2 hours.

STEP NINE: Corrections and Final Notes added to survey

Time required is 1 hour.

STEP TEN: Registered Surveyor signs and seals survey and delivers to Client and Title Company along with an invoice.

Time required is 1 hour.

In Summary:

An average boundary survey of 20 acres may require from 36 to 52 hours of office time and 16 to 32 hours of field crew time, depending on the terrain and vegetation of the site. Wide open and flat= less time; brushy and rugged= more time.

EXAMPLE 2– RESIDENTIAL SUBDIVISION LOT: Contract for Professional Survey Services has been signed. For this example, a subdivision lot, ½ acre, with house and pool located in Mineral Wells, Palo Pinto County, Texas. Title commitment from title company will be ready in 10 days, the survey needed in 14 days.

STEP ONE: Research

a) Trip to Palo Pinto County tax office to obtain owners and recording information of subject tract as well as each adjoiner.

b) From tax office go to the Palo Pinto County Clerk’s office to purchase a copy of each deed and plat to use to determine property lines. Quickly read each to ascertain the need for additional deeds and plats. If needed purchase these additional copies.

Time required: 4 hours.

STEP TWO: Deed Sketch

Time required : 4 hours.

STEP THREE: Field Work

3-man Survey crew with Total Station and Data Collector sent to site.

a) Survey crew searches for boundary evidence on subject tract and adjoiners: property corners, fence lines, retaining walls, etc.

b) A rough sketch of the property is made by the crew chief to work off of. Ties are made to found corners.

c) Other improvements tied down such as house, pool, shed, road, sidewalk, driveway, etc. House and shed are measured with a tape measure.

d) Initial field work completed and turned in to office.

Time required: 3-4 hours.

STEP FOUR: Boundary Analysis- performed by the Registered Surveyor

b) Field work downloaded from Data Collector and checked for errors or bad entries.

c) Plot is made of all points tied.

d) Evidence found in field compared to Deeds and Plats.

e) Depending on how many property corners were located and how they compare to the plat, surveyor determines whether more corners are needed to establish Final Boundary Corners.

f) Final stake out and point sheet prepared for file and field crew.

Time required 2 to 4 hours.

STEP FIVE: Stake Final Boundary Corners

Field crew sent to site with stake-out sheet to set and record the final pins that are set.

Time required 2 hours (none if all corners are present and correct)

STEP SIX: Drawing of Boundary Survey

After step Four (e) is completed all information is turned over to draftsman to prepare final drawing. Surveyor or survey technician will prepare Legal Description for survey.

Time required 2 to 4 hours.

STEP SEVEN: Title Commitment Received from Title Company

Time required varies 1 to 2 hours.

STEP EIGHT: Registered Surveyor checks survey

Time required is 1 hour.

STEP NINE: Corrections and Final Notes added to survey

Time required is 1 hour.

STEP TEN: Registered Surveyor signs and seals survey and delivers to Client and Title Company along with an invoice.

Time required is 1 hour.

In Summary:

An average residential subdivision lot survey may require from 16 to 21 hours of office time and 3 to 6 hours of field crew time.

Below is the definition of Land Surveying as defined by the Texas Board of Professional Land Surveying and some of the rules of Boundary Surveying, as established by the Professional Land Surveying Practices Act, Article 5282C, Vernon’s Texas Civil Statues.

§ 1071.002. Definitions

(6) "Professional surveying" means the practice of land, boundary, or property surveying or other similar professional practices. The term includes:

(A) performing any service or work the adequate performance of which involves applying special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth's surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for:

(i) locating real property boundaries;

(ii) platting and laying out land and subdivisions of land; or

(iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys; and

(B) consulting, investigating, evaluating, analyzing, planning, providing an expert surveying opinion or testimony, and mapping to the extent those acts are performed in connection with acts described by Paragraph (A).

§663.9. Professional Conduct.

(a) The surveyor shall not offer or promise to pay or deliver, directly or indirectly, any commission, political contribution, gift, favor, gratuity, or reward as an inducement to secure any specific surveying work or assignment; provided, however, this rule shall not prevent a professional surveyor from offering or accepting referral fees or from discounting fees for services performed, with full disclosure to all interested parties. Further provided, however, a surveyor may pay a duly licensed employment agency its fee or commission for securing surveying employment in a salaried position.

(b) The surveyor shall not make, publish, or cause to be made or published, any representation or statement concerning his professional qualifications or those of his partners, associates, firm, or organization which is in any way misleading, or tends to mislead the recipient thereof, or the public concerning his surveying education, experience, specialization, or any other surveying qualification.

(c) The public shall be provided every reason for relying upon the surveyor's seals, signatures, or professional identification on all documents, plats or maps, surveyor's reports, plans, or other surveying data on which they appear as a representation that the surveyors whose seals, signatures, or professional identification appear thereon, have personal knowledge thereof and that they are professionally responsible therefor.

§663.10. Disciplinary Rules.

The surveyor shall not:

(1) violate any provision of the Professional Land Surveying Practices Act (the Act) or disciplinary rules thereof;

(2) circumvent or attempt to circumvent any provision of the Act or disciplinary rules thereof through actions of another;

(3) participate, directly or indirectly, in any plan, scheme, or arrangement attempting to or having as its purpose the evasion of any provision of the Act and disciplinary rules;

(4) fail to exercise reasonable care or diligence to prevent his/her partners, associates, or employees from engaging in conduct which, if done by him, would violate any of the provisions of the Act or rules;

(5) engage in any conduct that discredits or attempts to discredit the profession of surveying;

(6) permit or allow any professional identification, seal, form, or business name, or service to be used or made use of, directly or indirectly, or any manner whatsoever, so as to make possible to create the opportunity for the unauthorized practice of professional surveying by any person, firm, or corporation in this state;

(7) perform any acts, allow any omission, or make any assertions or representation which are fraudulent, deceitful, or misleading, or which in any manner whatsoever, tend to create a misleading impression;

(8) aid or abet, directly or indirectly, any unlicensed person in connection with the unauthorized practice of professional surveying or any firm or corporation in the practice of professional surveying unless carried on in accordance with the Act.

§663.11. Certification and Monumentation of Surveys.

When delineating a property or boundary line as an integral portion of a survey (survey being defined in the Professional Land Surveying Practices Act, §2, subsection (1) or (3)), the land surveyor shall set, or leave as found, sufficient, stable, and reasonable permanent survey markers to represent or reference the property or boundary corners, angle points, and points of curvature or tangency. All survey markers shall be shown and described with sufficient evidence of the location of such markers on the surveyors' plat. If the land surveyor shall prepare a written description of the surveyed premise, he shall include in that written description:

(1) reference to and a description of the survey markers as shown on the plat; and

(2) the seal and signature of a registered or licensed surveyor.

§663.12. Texas Guaranteed Student Loan Corporation Defaulters.

(a) In accordance with the Texas Education Code, §57.491, holders of licenses as defined in that section who have been identified by the Texas Guaranteed Student Loan Corporation (TGSLC) as student loan defaulters are precluded from having their license renewed unless:

(1) the renewal is the first renewal following the board's receipt of the list including the licensee's name among those in default; or

(2) the licensee presents to the board a certificate issued by the TGSLC certifying that:

(A) the licensee has entered a repayment agreement on the defaulted loan; or

(B) the licensee is not in default on a loan guaranteed by the TGSLC.

(b) Whenever the board has been notified by the TGSLC that a licensee is in default on a student loan the board shall notify the licensee by certified mail of its intention not to renew his/her license upon the license's expiration. The licensee may in writing within 30 days of receipt of the proposed action request a hearing. In the absence of such a written request for a hearing the proposed intention not to renew will become final upon informal disposition, pursuant to TexasCivilStatutes,Article6252-13a, §13(e).

(1) the licensee has entered a repayment agreement on the defaulted loan; or

(2) the licensee is not in default on a loan guaranteed by the TGSLC, the licensee may apply for his/her license renewal subject to all other requirements for renewal.

Professional and Technical Standards

§Rule 663.13. Introduction

The Board establishes these minimum standards of practice to better serve the general public in regulating the practice of professional surveying in Texas. Professional surveying performed in Texas, unless otherwise specifically exempted herein, shall meet or exceed the requirements of these standards. The Board considers any survey, the purpose of which is to delineate, segregate, separate, or partition any interest in real property of any kind, under these standards.

§663.15. Precision.

(a) The actual relative location of corner monuments found or set within the corporate limits of any cities in Texas shall be reported within a positional tolerance of 1:10,000 + 0.10 feet.

(b) The actual relative location of corner monuments found or set within the extraterritorial jurisdiction (ETJ) of any cities in Texas shall be reported within a positional tolerance of 1:7,500 + 0.10 feet.

(c) The actual relative location of corner monuments found or set in all rural areas outside extraterritorial jurisdiction areas of all cities in Texas shall be reported within a positional tolerance of 1:5,000 + 0.10 feet.

(d) Areas, if reported, shall be produced, recited, and/or shown only to the least significant number compatible with the precision of closure.

(e) Survey measurement shall be made with equipment and methods of practice capable of attaining the tolerances specified by these standards.

(f) Positional tolerance of any monument is the distance that any monument may be mislocated in relation to any other monument cited in the survey.

§663.16. Boundary Construction.

(a) When delineating a property or boundary line as an integral portion of a survey, the surveyor shall respect junior/senior property rights, footsteps of the original surveyor, intent of the parties involved, the proper application of the rules of dignity or the priority of calls, and applicable statutory and case law of Texas.

(b) Appropriate deeds and/or other documents including those for adjoining parcels shall be relied upon for the location of the boundaries of the subject parcel(s).

(c) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for such research of adequate thoroughness to support the determination of the location of intended boundaries of the land parcel surveyed. The surveyor may rely on record data related to the determination of boundaries furnished for the registrants' use by a qualified provider, provided the registrant reasonably believes such data to be sufficient and notes, references, or credits the documentation by which it is furnished.

(d) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the surveyor's opinion of the boundary location shall be supported by other appropriate physical evidence which shall be explained in a surveyor's report.

§663.17. Monumentation.

(a) All monuments set by registered professional land surveyors shall be set at sufficient depth to retain a stable and distinctive location and be of sufficient size to withstand the deteriorating forces of nature and shall be of such material that in the surveyor's judgment will best achieve this goal.

(b) When delineating a property or boundary line as an integral portion of a survey (survey being defined in the Act, §2(1) or (3)), the land surveyor shall set, or leave as found, sufficient, stable and reasonably permanent survey markers to represent or reference the property or boundary corners, angle points, and points of curvature or tangency. All survey markers shall be shown and described with sufficient evidence of the location of such markers on the surveyors' plat. If the land surveyor shall prepare a written description of the surveyed premise, he/she shall include in that written description:

(1) reference to and a description of the survey markers as shown on the plat; and

(2) the seal and signature of a registered or licensed surveyor.

(c) All metes and bounds description prepared for easements shall be tied to physical monuments of record related to the boundary of the affected tract. If the surveyor chooses to monument the easement or is directed to do so by his/her client, such monumentation shall be in compliance with subsection (b) of this section.

(d) Where practical, all monuments set by Professional Land Surveyors to delineate or witness a boundary corner shall be marked in a way that is traceable to the responsible registrant or associated employer.

§663.18. Certification.

(a) The registered professional land surveyor shall apply his/her seal to all documents representing professional surveying as defined in the Act.

(b) If the surveyor certifies, or otherwise indicates, that his/her product or service meets a standard of practice in addition to that promulgated by the Texas Board of Professional Land Surveying, then the failure to so meet both standards may be considered by the board, for disciplinary purposes, to be misleading the public.

(c) Preliminary documents released from a surveyor’s control shall identify the purpose of the document, the surveyor of record and the surveyor’s registration number, and the release date. Such preliminary documents shall not be signed or sealed and shall bear the following statement in the signature space: “Preliminary, this document shall not be recorded for any purpose.” Preliminary documents released from the surveyor’s control which include this text in place of the surveyor’s signature need not comply with the other minimum standards promulgated in this chapter.

§663.19. Plat/Description/Report.

For the purposes of these rules the word "report" shall mean any or all of the following survey plat, descriptions, or separate narratives.

(1) All reports shall delineate the relationship between record monuments and the location of boundaries surveyed, such relationship shall be shown on the survey plat, if a plat is prepared, and/or separate report and recited in the description with the appropriate record references recited thereon and therein.

(2) Every description prepared for the purpose of defining boundaries shall provide a definite and unambiguous identification of the location of such boundaries and shall describe all pertinent monuments found or placed.

(3) Every survey plat prepared shall be to a convenient scale and shall provide a definite and unambiguous representation of the location of the surveyed land according to its record description. Where material discrepancies are found between the record and the conditions discovered, the surveyor shall apprise his/her client in the following manner.

(A) If a plat of survey is prepared, the surveyor shall:

(i) make specific reference to the discrepancy on the plat of survey; or

(ii) make a general reference to the discrepancy on the plat of survey and a specific reference to a report of survey which more specifically describes the discrepancy.

(B) If a survey plat is not prepared, the surveyor shall notify his/her client of any material discrepancy by report of survey or other written notice.

(4) Courses shall be referenced by notation upon the survey plat to an identifiable line for directional control.

(5) The survey plat shall bear the firm name, surveyor's name, address, and phone number of the land surveyor responsible for the land survey, his/her official seal, his/her original signature (see §661.46 of this title (relating to Seal and Stamps)), and date surveyed.

(6) Boundary monuments found or placed by the surveyor shall be described upon the survey plat, including those controlling monuments to which the survey may be referenced. The surveyor shall note upon the survey plat which monuments were found and which monuments were placed as a result of his/her survey.

(7) A reference shall be cited on the plat to the record instrument that defines the location of adjoining boundaries. The cited instrument need not be the current ownership, but shall be the document containing the description of the boundaries being re-established.

(8) When appropriate, reference shall be cited in the prepared description to the record instrument that defines the location of adjoining boundaries. The cited instrument need not be the current ownership, but shall be the document containing the description of the boundaries being re-established.

(9) If any report consists of more than one part, each part shall note the existence of the other part or parts.