CA PLS Module 3: Field Operations & Investigations

After completing a boundary survey, you find that your monuments differ by 0.5 feet from positions shown on a prior ROS. Must you file a Record of Survey?

Yes. A ROS must be filed when the survey discloses a material discrepancy with information on a previously recorded map -- a material discrepancy being one in the position of points or lines, or in dimensions. Cal. Bus. & Prof. Code § 8762(b)(2).

Name 5 conditions that trigger mandatory filing of a Record of Survey.

(1) Material evidence not on prior maps, (2) material discrepancy with prior maps, (3) evidence suggesting alternate positions of prior points/lines, (4) establishment of points not shown and not ascertainable from prior maps, (5) points set during a survey not shown on any prior map. Cal. Bus. & Prof. Code § 8762(b)(1)-(5).

How soon after setting boundary monuments must a Record of Survey be filed?

Within 90 days after setting monuments or within 90 days after completion of the field survey, whichever occurs first. Cal. Bus. & Prof. Code § 8762(c).

What should a surveyor do if they cannot meet the 90-day ROS filing deadline?

Before the 90 days expire, provide the county surveyor with a letter stating: inability to comply, estimated completion date, reasons for delay, and general location of the survey including assessor's parcel number(s). Cal. Bus. & Prof. Code § 8762(d)(1).

You retrace a subdivision boundary and find all monuments matching the recorded map with no discrepancies. Must you file a ROS?

No. A ROS is not required for a retracement where no material discrepancies are found and sufficient monumentation exists. However, a Corner Record must be filed for any property corners set, reset, or found to differ in character from prior records. Cal. Bus. & Prof. Code § 8765(d).

Name 4 situations where a Record of Survey is NOT required.

(1) Survey by a public officer who files a copy with the county surveyor, (2) survey by the U.S. Bureau of Land Management, (3) when a subdivision map is being prepared or has been recorded, (4) retracement with no material discrepancies and sufficient existing monumentation. Cal. Bus. & Prof. Code § 8765(a)-(d).

What are the minimum sheet dimensions for a Record of Survey?

18 by 26 inches (or 460 by 660 millimeters), with a 1-inch (25mm) blank margin all around. Must be on tracing cloth or polyester base film, legibly drawn in black. Cal. Bus. & Prof. Code § 8763.

What 3 statements must appear on a Record of Survey?

(1) Surveyor's Statement -- certifying the survey was made under their direction per the PLS Act, (2) County Surveyor's Statement -- certifying examination per § 8766, (3) Recorder's Statement -- with filing date, book, and page. Cal. Bus. & Prof. Code § 8764.5.

How many working days does the county surveyor have to examine a Record of Survey?

20 working days after receiving it, unless additional time is mutually agreed upon. Cal. Bus. & Prof. Code § 8766(a).

The county surveyor disagrees with your methods shown on a ROS. Can they force you to change your survey methods?

No. The examination shall not require the surveyor to change the methods or procedures utilized, nor require a field survey to verify the data. However, the county surveyor may include notes expressing opinions. Cal. Bus. & Prof. Code § 8766(b)-(c).

You and the county surveyor cannot agree on changes to your ROS. What happens?

After resubmission and a request to file without further change, if no agreement within 10 working days, both parties add explanations of differences on the map and the county surveyor must present it to the recorder for filing. Cal. Bus. & Prof. Code § 8768.

What information must appear on a monument set by a licensed land surveyor?

The certificate number of the surveyor preceded by "L.S." (or "R.C.E." for civil engineers). Public agency monuments must show the agency name and political subdivision. Additional tracing information may be included. Cal. Bus. & Prof. Code § 8772.

When must a Corner Record be filed?

For every PLSS corner (except lost corners) and every accessory to such corner that is found, set, reset, or used as control in any survey. Also required for property corners set/reset or found different than prior records during an exempt retracement. Cal. Bus. & Prof. Code § 8773(a), § 8765(d).

A surveyor locates a PLSS corner that qualifies as a "lost corner." Must they file a Corner Record or a Record of Survey?

A Record of Survey. After establishment of a lost corner (as defined by the BLM Manual 2009), a ROS must be filed. Cal. Bus. & Prof. Code § 8773(b).

What is the size of a Corner Record?

A single 8.5 by 11 inch sheet, which may consist of a front and back page. Cal. Bus. & Prof. Code § 8773.1.

When is a Corner Record NOT required?

(1) When a CR is already on file and the corner is found as described, (2) when all CR requirements are shown on a ROS or subdivision/parcel map filed under the SMA, (3) for mobilehome park interior lots (with conditions). Cal. Bus. & Prof. Code § 8773.4(b).

You find a PLSS monument in deteriorating condition during your survey. What must you do?

Reconstruct or rehabilitate the monument so it remains as permanent as reasonably possible and can be located in the future. This duty applies whenever a corner record is filed. Cal. Bus. & Prof. Code § 8773.3, § 8771.6.

Before a road improvement project begins, existing survey monuments controlling nearby subdivisions must be:

Located and referenced by or under the direction of a licensed LS or CE before construction begins. A Corner Record or ROS of the references must be filed with the county surveyor. Cal. Bus. & Prof. Code § 8771(b).

A monument is destroyed during road construction. What must happen before a certificate of completion is recorded?

A permanent monument must be reset in the new construction surface (or witness monuments set), and a Corner Record or ROS must be filed with the county surveyor before the certificate of completion is recorded. Cal. Bus. & Prof. Code § 8771(c).

Who is responsible for ensuring monument perpetuation during road construction?

The governmental agency performing or permitting the construction or maintenance work. Cal. Bus. & Prof. Code § 8771(d).

A ROS shows a land division creating additional parcels. What additional certification is required before filing?

A certificate of compliance with the Subdivision Map Act from the county surveyor (unincorporated area) or city engineer (within a city). Cal. Bus. & Prof. Code § 8762.5.

What must a Record of Survey show regarding its mandatory filing triggers?

The ROS must show, either graphically or by note, the reason(s) why the mandatory filing provisions of § 8762(b)(1)-(5) apply. Cal. Bus. & Prof. Code § 8764(b).

Can a licensed land surveyor administer oaths? Under what circumstances?

Yes. A surveyor may administer oaths when: (1) taking testimony to identify old, lost, or obliterated corners, (2) a corner/monument is in perishable condition and evidence should be perpetuated, or (3) the importance of the survey makes it desirable. Cal. Bus. & Prof. Code § 8760.

A surveyor wants to access a PLSS monument located within a freeway right-of-way. How should they proceed?

The freeway agency must reference the monument to usable points outside the access control line, at no charge, when requested in writing by the surveyor. Right of entry to access-controlled freeways is not granted directly. Cal. Bus. & Prof. Code § 8774(b)-(c).