§30-13A-26 Minimum standards for boundary surveys. - West Virginia Statutes

§30-13A-26. Minimum standards for boundary surveys.
(a) The purpose of these standards is to establish minimum technical criteria to govern the performance of surveyors when more stringent specifications are not required. Further, the purpose is to protect the inhabitants of this state from dishonest or incompetent surveying and generally to protect the public welfare.

(b) The client discussion prior to the survey shall cover the purpose of the survey, the scope of services, including the time for completion of the survey, disputes with adjoiners, fees and all pertinent details of the contract.

(c) The record search shall include the record description based on current and prior deeds, conveyance from common grantor, or if necessary, the original survey or grant. It shall also include descriptions of adjoining properties, other sources of information or resolution of conflicts in descriptions. All records of information sources used shall be retained as a permanent record.

(d) A licensee, endorsee, an exempt person under section thirty-six of this article or persons under the direct supervision of a licensee, endorsee or exempt person shall physically go to the land and perform the survey.

(e) The field survey shall consist of the following:

(1) A field search for controlling evidence;

(2) A discussion of evidence with the owner or client;

(3) A reasonable attempt at notifying the adjoiners;

(4) A reasonable attempt of talking to the adjoiners or others having knowledge of the boundaries; and

(5) The location of evidence by appropriate methods and procedures.

(f) The surveyor shall use methods and equipment suitable for the purpose of the survey and the field notes shall be retained as a permanent record.

(g) Distance shall be reported in feet or meters, or parts thereof, and angles or directions shall be reported in degrees or parts thereof. The observations shall be measured to a precision that will produce the desired level of accuracy. The area of the tract being surveyed shall be measured and reported to a precision consistent with the purpose of the survey. All measuring devices shall be checked periodically for accuracy and condition.

(h) Monumentation is required for all new or reestablished corners, or reference monument for inaccessible corners, and is encouraged at intervisible points between corners. Set monuments shall be made of durable material and set firmly in the ground. Pipes shall have a minimum inside diameter of one inch, while rebars shall have a minimum outside diameter of five-eighths inch and both shall have a minimum length of thirty inches. Other markers shall have a minimum cross-sectional area of one-half square inch and shall be made of durable material, identifiable and unique. Natural objects chosen for corners shall be durable, unique and easily identifiable.

(i) All rebars, pipes and other markers, except natural objects, shall have caps bearing the surveyor's license number or company name.

(j) A plat shall be prepared for all boundary or partition surveys, unless specifically prohibited by the client in the contract. The plat shall show the results of the field survey and be provided to the client. Plats shall be to a scale large enough to show significant details.

(k) The following information shall be shown on plats, when applicable:

(1) A north arrow and a basis of bearings;

(2) The date of the survey;

(3) The measured length and direction of each boundary line by distance, bearing and quadrant: Provided, That in the case of a strip survey the station and offset method may be utilized to describe the strip;

(4) General location information;

(5) Ties to significant objects;

(6) The evidence of possession on or near the property line;

(7) The description of all corners or reference monuments, including whether the corners were found (fd) or set;

(8) The outlined area of the property and all significant parts, including streets, alleys and nonlotted areas of a subdivision;

(9) The acres, acreage or square footage of the property;

(10) Any overlaps and gaps in record lines, former deed or grant lines, as needed;

(11) The subdivision name, lot, block and plat reference;

(12) The tax map and parcel number, if available, of all the tracts shown on the plat;

(13) The name of the current or past owners of the subject property, or both;

(14) The name of the adjoining landowners;

(15) The current conveyance reference for the subject property;

(16) The current conveyance reference for the adjoining landowners;

(17) The name and location of any creeks, rivers or roads near the property to help locate the property;

(18) The plat's title for reference when recording;

(19) The district or municipality, county and state where the property is located; and

(20) The name, address, license number, signature and seal of the surveyor.

(l) A description of survey shall be prepared for all boundary, partition and retracement surveys, except mortgage inspection surveys, and be provided to the client.

(m) The following shall be included in a description of survey, when applicable:

(1) A metes and bounds description, or strip description, if applicable, of the property;

(2) The point of beginning;

(3) The description of monumentation at each corner and objects encountered along the line, including the adjoining landowners;

(4) The length and direction of each line;

(5) The radius, chord bearing and distance of a curved boundary line;

(6) The lot and block numbers for newly platted partitions or subdivisions;

(7) The acreage or square footage of the property;

(8) The watershed or topographic location where the property is located;

(9) A reference to the conveyance by which the current owner claims title, including the grantor, grantee, date and recording reference;

(10) A reference to the accompanying plat;

(11) The district or municipality, county and state where the property is located; and

(12) The name of the individual preparing the description of the survey.

(n) The report of survey shall be used when the plat and the description of survey do not adequately address all matters considered by the surveyor in performing the survey and should be provided to the client with the plat and the description of survey.

(o) The report of survey shall include all unusual circumstances surrounding the survey, with weight being given to conflicting evidence and encroachments, overlaps or gaps and how they were resolved and the names of adjoiners contacted and the information they supplied.

(p) A mortgage/loan inspection survey in which boundaries on a property have not been surveyed in accordance with the methods set forth by the board, then the plat must be stamped "a mortgage inspection survey only, not a boundary survey". The surveyor must notify a landowner or other person commissioning their services if a survey or an inspection was performed.