Mo. Code Regs. tit. 10 § 30-3.010

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 30-3.010 - Definitions

PURPOSE: This rule defines the various technical and legal terms used in Chapter 3.

(1) Alteration of a corner, the changing of the physical monumentation of the corner or accessories.

(2) Corners of the United States Public Land Survey, those points that determine the boundaries of the various subdivisions represented on the official plat such as the township corner, the section corner, the quarter-section corner, blank quarter section corners, fractional section corner, center of section, grant corner, lot corner and meander corner.

(3) Date of the field work is the date on which the monument was physically placed in the ground.

(4) Existent corner, a corner whose position can be identified by verifying the evidence of the original monument or its accessories, or by some physical evidence described in the field notes, or located by an acceptable supplemental survey record or some physical evidence thereof, or by testimony. The physical evidence of a corner may have been entirely obliterated but the corner will be considered existent if its position can be recovered through the testimony of one (1) or more witnesses who have a dependable knowledge of the original location. A legally reestablished corner shall have the same status as an existent corner.

(5) Lost corner, a corner whose position cannot be determined, beyond reasonable doubt, either from traces of the original marks or from acceptable evidence or testimony that bears upon the original position.

(6) Monument, the physical object which marks the corner point determined by the surveying process. The accessories, such as bearing trees, bearing objects, reference monuments, mounds of stone and other similar objects that aid in identifying the corner position, are also considered a part of a corner monument.

(7) Reestablishment of a corner, the remonumentation of a lost corner using statutory procedures.

(8) Removal of a corner, the complete elimination of the existing corner monument because of construction, clearing or similar operations.

(9) Restoration of a corner, the remonumentation of an existent or obliterated corner from survey records, physical evidence or by testimony.

(10) Suitable reference monuments, monuments set in such a manner and position that the corner which is referenced could be located by angle and distance or by two (2) distances from these monuments.

10 CSR 30-3.010

AUTHORITY: sections 60.321, RSMo Supp. 1989 and 60.550, RSMo 1986.* Original rule filed Dec. 8, 1975, effective 12/18/1975. Rescinded and readopted: Filed Feb. 10, 1982, effective 5/13/1982. Rescinded and readopted: Filed May 3, 1994, effective 12/30/1994.

*Original authority: 60.321, RSMo 1989 and 60.550, RSMo 1969.