Md. Code Regs. 09.13.06.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.13.06.03 - Boundary Surveys

A. Purpose.

(1) The boundary survey is a means of marking boundaries for sufficient definition and identification to uniquely locate each lot, parcel, or tract.

(2) The purpose of a boundary survey is to establish, reestablish, or describe, or all of these, the physical position and extent of the boundaries of real property.

B. Result.

Unless otherwise directed by the party requesting the survey, sufficient monuments or reference control points which were used to determine the property lines shall be:

(1) Set or recovered on the ground, to the extent feasible; and

(2) Shown on a plat upon completion of the boundary survey so that the property lines can be determined or readily reestablished.

C. Research and Investigation.

(1) The surveyor shall be provided by the party requesting the survey with copies of public records and private records, if any, in sufficient scope and depth that a surveyor of ordinary prudence and skill may consider in identifying with reasonable certainty the following:

(a) The location of the property's record boundaries, so long as the information exists in the public records and is properly indexed; and

(b) Conflicting record property boundary line locations which may differently locate the property's boundaries.

(2) The surveyor shall make a reasonable effort to identify, locate, and review private survey records which are cited in the provided public records and which may:

(a) Be material in locating the property's boundaries,

(b) Have the potential for disclosing conflicting descriptions of the property's boundaries, or

(c) Affect the location of the property's boundaries.

D. Monumentation. In providing appropriate monumentation for boundary surveys, a surveyor shall comply with the minimum standards for survey markers set forth in COMAR 09.13.03.

E. Field Procedures.

(1) Field measurements shall be made by methods that will provide the precision required by this regulation.

(2) Observable physical evidence, including boundary, possession, visible encroachments, and visible indications of rights, including evidence of recorded servitudes or those that may be acquired by prescription or adverse possession, shall be located.

F. Plats.

(1) An original plat of a boundary survey shall be a reproducible drawing at a suitable scale, clearly indicating the results of the field work, computations, research, and record information, as compiled, checked, and analyzed.

(2) A plat shall be prepared in conformity with the following procedures:

(a) A reasonably stable and durable drawing paper, linen, or film of reproducible quality, is considered suitable material for boundary survey plats;

(b) Plats may not be smaller than 8-1/2 X 11 inches;

(c) Dimensions, bearings, or angles, including sufficient data to define curves, shall be neatly and legibly shown with respect to each property boundary line;

(d) Markers shall be labeled as "found" or "set", with a brief description of the marker and relevant reference markers, if any, along with their spatial relationship to the subject corner;

(e) Relevant natural or artificial visible features shall be labeled, dimensioned, and referenced to the nearest property boundary line or represented by a symbol on the plat in its proper location, and each symbol shall clearly indicate what is represented or shall be labeled for identification either individually or in a separate key to symbols;

(f) Plats shall show a north arrow;

(g) A statement indicating the origin and method of determination of the bearings or coordinate system shall be made on a plat, and shall include one of the following:

(i) A reference to true north, as determined by astronomic observation,

(ii) A reference to the Maryland Coordinate System with the controlling stations and a combination factor comprised of an elevation factor and a scale factor noted,

(iii) A reference to a local coordinate system with the controlling stations listed,

(iv) A reference to the record bearing of a well-established line found monumented on the ground, as called for in a relevant deed or plat, or

(v) If the above alternatives in this paragraph are not practical, a dated magnetic bearing may be used;

(h) If separate intricate details or inserts are required for clarity, they shall be properly referenced to the portion of the plat where they apply, particularly in areas where:

(i) Lines of occupation do not conform to the deed lines, and

(ii) A comparison of adjoining properties' deed descriptions indicates the existence of a gap or an overlap;

(i) Cemeteries and burial grounds found by the surveyor within the premises being surveyed shall be noted on the plat;

(j) All relevant evidence of monuments found beyond the subject tract, on which establishment of the corners of the subject tract are dependent, and their application related to the survey shall be indicated;

(k) Different line weights or delineating letters or numbers shall be used to clearly show the limits of the survey; and

(l) Easements ascertained from public records or prescriptive easements available from observation shall be labeled accordingly.

(3) In addition to the criteria set forth in §F(2) of this regulation, each plat shall show the following:

(a) Caption or title and general location of the property or a vicinity map,

(b) Scale,

(c) Date,

(d) Land area,

(e) Name and address of the surveyor or firm;

(f) A statement to the effect that a licensee either personally prepared a boundary survey or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter; and

(g) The seal and signature of the surveyor who prepared or approved a boundary survey.

G. Measurement Standards.

(1) The measurements standards under §G(2) and (3) of this regulation address the relative positional precision requirements for boundary surveys.

(2) The maximum allowable relative positional precision for boundary surveys shall be 0.07 feet (or 2 centimeters) plus 50 parts per million, based on the direct distance between the two corners being tested.

(3) The surveyor shall ascertain that the positional errors resulting from the survey measurements do not exceed the allowable relative positional precision.

(4) If the size or configuration of the property to be surveyed or the relief, vegetation, or improvements on the property will result in survey measurements for which the relative positional precision will exceed the allowable amount, the surveyor shall add a note to a survey explaining the site conditions that necessitated the deviation from the relative positional precision.

(5) The surveyor shall, to the extent necessary to achieve the standards set forth in §G of this regulation, compensate or correct for systematic errors, including those associated with instrument calibration.

(6) The surveyor shall use appropriate effort propagation and other measurement design theory to select the proper instruments, field procedures, geometric layouts, and computational procedures to control and adjust random errors to achieve the allowable relative positional precision tolerance.

Minimum Angle, Distance, and Closure Requirements for Survey Measurements

Direct Reading of Instrument Note (2)	Instrument Reading Estimated Note (3)	Number of Observations Per Station Note (4)	Spread from Mean of D&R Not to Exceed Note (5)	Angle Closure Where N = N. of Stations Not to Exceed	Linear Closure Note (6)	Distance Measurement	Minimum Length of Measurements Notes (8), (9), (10)
20" <1>(10")	5" <0.1'>N. A.	2 D&R	5" <0.1'>	10"-(square root)N	1:15,000	EDM or Double tape with Steel tape	(8) 81m, (9) 153m, (10) 20m

Note (1) All requirements of each class shall be satisfied in order to qualify for that particular class of survey. The use of a more precise instrument does not change the other requirements, such as number of angles turned, etc.

Note (2) Instrument must have a direct reading of at least the amount specified (not an estimated reading), i.e.,: 20" = Micrometer reading theodolite, <1'> = Scale reading theodolite, 10" = Electronic reading theodolite.

Note (3) Instrument shall have the capability of allowing an estimated reading below the direct reading to the specified reading.

Note (4) D&R means the Direct and Reverse positions of the instrument telescope.

Note (5) Any angle measured that exceeds the specified amount from the mean shall be rejected and the set of angles remeasured.

Note (6) Ratio of closure after angles are balanced and closure calculated.

Note (7) All distance measurements shall be made with a properly calibrated EDM or steel tape, applying atmospheric, temperature, sag, tension, slope scale factor, and sea level corrections as necessary.

Note (8) EDM having an error of 5mm, independent of distance measured (manufacturer's specifications).

Note (9) EDM having an error of 10mm, independent of distance measured (manufacturer's specifications).

Note (10) Calibrated steel tape.

Md. Code Regs. 09.13.06.03

Regulations .03 repealed and new Regulations .01-.14 adopted as an emergency provision effective March 1, 1995 (22:5 Md. R. 364); adopted permanently effective June 5, 1995 (22:11 Md. R. 820)
Regulation .03A, F amended effective February 10, 1997 (24:3 Md. R. 186)
Regulations .03 amended effective 41:26 Md. R. 1569, eff.1/5/2015