Mo. Code Regs. tit. 2 § 90-63.010

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 2 CSR 90-63.010 - Surveyor's Real Property Report

PURPOSE: Reference to the Minimum Standards in section (3) should have been changed to the Missouri Standards when that revision was made to all other rules in Chapter 60 in 2017. The words "Electronic Distance Measuring" have been placed in front of the acronym EDM for clarification in section (3). Also, in an effort to make the rules located in Chapter 60 through Chapter 65 more uniform, the words "professional or professional land" have been added to the words "surveyor" or "land surveyor." This rule is being amended for housekeeping purposes.

(1) A licensed professional land surveyor in Missouri shall not provide to any party a Surveyor's Real Property Report unless they are in the possession of a work order specified elsewhere in this chapter and signed by the borrower/purchaser indicating that they have been advised of the different types of surveying services available and the scope of each of these services. The required work order is to be initiated and signed during the loan application process. The Surveyor's Real Property Report is to be used only for residential single-family detached dwellings, duplexes, triplexes, and fourplexes with not more than one (1) dwelling structure per previously surveyed and recorded parcel or tract. The Surveyor's Real Property Report is not to be used for commercial, institutional, industrial buildings, or multifamily dwellings which share a common entranceway or stairwell.

(2) Research and Records-The professional land surveyor shall perform adequate research, maintain sufficient recorded documentation, and provide the field crew with information necessary to locate the property in the field.

(3) Field Procedures-Detailed notes shall be taken on each Surveyor's Real Property Report and kept as a part of the professional land surveyor's permanent records. A diligent search for existing control shall be made by the field crew and the highest order of mon-umentation available shall be used. Monumentation is defined as permanent and semi-permanent monuments described in the Missouri Standards for Property Boundary Surveys and other survey control, such as stones, axles, rebars, crosses, and pipes. Occupation lines, such as fence lines, hedge rows, and mowing lines, are not considered monumentation unless supported by survey control. The professional land surveyor must obtain sufficient evidence relating to the property boundary to demonstrate general knowledge of the given area. Appropriate field instrumentation and measuring equipment needed to achieve the stated level of certainty shall be utilized. The norm would include Electronic Distance Measuring (EDM), theodolite, transits, and measuring tapes.

(4) Form of Report-The report is a drawing of the parcel and it shall be furnished to the borrower/purchaser and shall show the following:

(A) Property lines with the boundary dimensions from the deed description or subdivision plat shall be shown;

(B) The monumentation accepted or adopted to locate and orientate the parcel, shall be shown or noted on the report;

(C) Permanent structures having fixed foundations or footings such as buildings and in-ground swimming pools, shall be located and dimensioned. Permanent structures shall be shown with a minimum of three (3) dimensions sufficient to locate the structure in relation to the property lines. Dimension offsets shall be shown perpendicular to straight property lines and radially to curved property lines. The level of uncertainty of these locations shall be shown in parentheses after each dimension or by means of a general note. Two (2) of the many possible examples are: 12.5' (or ± 0.5') or 21' (or ± 1'). The uncertainty of all dimensions of permanent structures shall not be greater than one-tenth of a foot (0.1'). Walks and drives shall be shown graphically but need not be dimensioned. When the uncertainty of the dimensions to permanent structures is not precise enough for a positive determination, a property boundary survey shall be recommended to the borrower/purchaser and this recommendation shall be stated on the report;

(D) Means of access and platted setback lines shall be shown;

(E) Easements shown on the subdivision plat shall be shown. If documentation of other easements is provided the professional land surveyor, they shall be shown together with their source;

(F) The posted address shall be shown, if not posted, so state;

(G) A north arrow and graphic scale shall be shown;

(H) Apparent encroachments shall be noted and shown in an obvious manner. When the uncertainty of dimensions to possible encroachments are not precise enough for a positive determination, a property boundary survey shall be recommended to the bor-rower/purchaser and shall be stated on the report;

(I) The sheet size for the report shall not be less than eight and one-half inches by eleven inches (8 1/2" x 11"). Lettering size on the report shall not be smaller than eight-hundredths of an inch (0.08") in height;

(J) The following caption shall appear prominently on the drawing with minimum letter size of seventeen-hundredths of an inch (0.17"): Surveyor's Real Property Report; and

(K) If the certification and the drawing are on two (2) separate pieces of paper, it shall be so indicated. (For example: page 1 of 2, page 2 of 2).

(5) Certification-A Surveyor's Real Property Report shall not contain the word survey in any part of the report except as required in this standard, and must contain the following:

(A) The name, address, and telephone number of the professional land surveyor responsible for the report and the name of the party who ordered the work;

(B) A statement that the report was either conducted by the professional land surveyor or under his/her immediate personal supervision, the date the report was made, and the real property description or the public record reference of the property shown in the report;

(C) A statement that the accompanying drawing is a representation of the conditions that were found at the time of the inspection and that the report does not constitute a property boundary survey and is subject to any inaccuracies that a subsequent property boundary survey may disclose. It shall state the fact that no property corners were set, and that the information shown on the drawing should not be used to construct any fence, structure, or other improvements. If the property dimensions are based upon unverified recorded or deed information, this shall be so stated. Include notification that the professional land surveyor is not extending a warranty to the present or future owners or occupants; and

(D) The professional land surveyor shall sign, seal, and date the report.

2 CSR 90-63.010

Adopted by Missouri Register June 1, 2022/Volume 47, Number 11, effective 7/31/2022