N.J. Admin. Code § 13:40-5.2

Current through Register Vol. 56, No. 13, July 1, 2024
Section 13:40-5.2 - Waiver of corner marker
(a) For purposes of this section, "ultimate user" means the contract purchaser of the property. If no purchaser exists, the ultimate user is the owner of the property. In cases where there are multiple ultimate users of the property being surveyed, only one ultimate user is required to sign the waiver.
(b) Whenever the setting of corner markers is waived by the ultimate user, the professional land surveyor shall:
1. Advise the ultimate user in writing as set forth in (c) below of the impact of signing the corner marker waiver. Such advice shall include, but not be limited to:
i. The possible need for a future survey as a result of physical improvements to the property; and
ii. The potential inability of the ultimate user to identify the boundary of the property;
2. Review the waiver to ensure that it is properly signed by the ultimate user and witnessed by a person other than a professional land surveyor; and
3. Perform a physical measurement of the property.
(c) The corner marker waiver shall be in the following form:

WAIVER AND DIRECTION NOT TO SET CORNER MARKERS
To:________________________________________
(Name, address and telephone number of the Land Surveyor)
FROM:______________________________________
(Name, address and telephone number of the Ultimate User)
Re:________________________________________
Property (Lot and block number, municipality or other identifier)
This is to advise that I have been made aware of my right to have corner
markers set as part of a survey to be performed on the aforementioned
property. In addition, I have been made aware of the potential impact of
signing the waiver including: (1) the possible need for a future survey as a
result of physical improvements to the property, such as a fence, addition,
deck, pool, or shed, and (2) the potential inability of the ultimate user to
identify the boundary of the property which could result in a boundary dispute
with an adjoining property owner and/or property improvements not accurately
situated on my property. The right to have corner markers set is hereby
waived, and you are directed to perform the land survey without the setting of
corner markers as provided by the regulation (13:40-5.2 ) of the State
Board of Professional Engineers and Land Surveyors.
______________________________
Ultimate User's Signature
Date:_________________________
______________________________
Witness' Signature
Date:_________________________
______________________________
Name of Witness (Typed or Printed)
______________________________
______________________________
Address of Witness (Typed or Printed)

I hereby certify that I have:

1. Advised the ultimate user of the impact of signing the corner marker waiver, which shall include, but not be limited to, the possible need for a future survey as a result of physical improvements to the property and the potential inability of the ultimate user to identify the boundary of the property;
2. Reviewed the waiver to ensure that it was properly signed by the ultimate user and witnessed by a person other than a land surveyor; and
3. Performed a physical measurement of the property.

______________________________
New Jersey Licensed Land Surveyor
Date:_________________________

(d) Whenever a written waiver to omit corner markers is obtained, the following notation shall be included on the plat or plan of survey: "A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimate user pursuant to P.L. 2003, c. 14 (45:8-36.3 ) and 13:40-5.1(d)."
(e) The licensee shall maintain the signed corner marker waiver for a minimum of six years.
(f) The licensee shall submit documentation of any waiver to the Board upon its request.
(g) The Board may review the records of licensees periodically to determine compliance with this section.
(h) Failure to comply with the provisions of this section shall be deemed professional misconduct. Any violation of the provisions of (d) or (e) above shall subject the licensee to a penalty of not more than $ 2,500 per violation.

N.J. Admin. Code § 13:40-5.2

New Rule by R.2005 d.280, effective 9/6/2005.
See: 36 N.J.R. 3500(a), 37 N.J.R. 3440(a).
Amended by R.2011 d.212, effective 8/15/2011.
See: 43 N.J.R. 590(a), 43 N.J.R. 2181(a).
In the introductory paragraph of (b) and in (b)2, inserted "professional" preceding "land".