Land SurveyorsSurveying Practice
Section § 8759
In California, land surveyors or civil engineers must use a written contract when offering their services to clients. This contract should be signed by both parties before work begins, unless the client agrees in writing to start beforehand. The contract must detail the services, payment terms, both parties' information, any additional services, contract termination process, and existing insurance. There are exceptions, such as if the services are provided for free or the client waives the requirement with full disclosure. The contract can also be electronic.
Section § 8760
Licensed land surveyors and registered civil engineers in California can administer oaths in certain situations related to their surveying work. They can do this when they need to confirm testimonies for identifying or establishing old or missing boundary markers, when they find a marker that's in bad shape and want to preserve evidence about it, and when it's important to ensure that their assistants carry out their work responsibly. These oaths must be recorded in the survey's field notes and noted on the official survey records.
Section § 8761
This law explains what licensed land surveyors or civil engineers can do when practicing land surveying. They are allowed to prepare various documents related to land surveying, but these documents must include their name and license number, indicating their responsibility. Interim documents should be labeled with their intended purpose, such as 'preliminary.' Final documents need to have the signature, seal, or stamp of the licensed professional, along with the date. It's illegal for anyone who is not authorized to sign, stamp, or seal these documents, or use an expired, suspended, or revoked license seal.
Section § 8761.1
Section § 8761.2
If a civil engineer or land surveyor signs off on surveys, maps, or reports, they're not liable for any damages caused by changes or new uses of these documents unless they approved those changes. This holds true as long as their initial work wasn't part of the reason for the damage.
Section § 8762
This law is about the process for licensed surveyors or civil engineers to file a survey record with the county after conducting a field survey. Normally, filing is optional, but it's required if the survey reveals new or conflicting details not on existing maps, like boundary markers or lines. Such filings must happen within 90 days unless delays occur beyond the surveyor’s control, in which case they must notify the county and provide a new completion estimate. Once the survey is checked, it's filed with the county recorder. If requested, the recorder will send back a confirmation with filing details.
Section § 8762.5
If you have a piece of land that's listed on the county's official records and you want to divide it into smaller parcels, you can't just file a survey showing this with the county surveyor or recorder. You need a certificate from either the county surveyor or the city engineer that confirms the division meets specific requirements set out in the Subdivision Map Act and any related local rules.
Section § 8763
This section specifies how a survey map should be made. The map must be a permanent record, created on specific materials like tracing cloth or polyester film, and in black ink. It needs to be a specific size, either 18 by 26 inches or 460 by 660 millimeters. If black ink is used on the film, it must be treated to make sure it's readable forever. Also, there must be a one-inch blank margin around the map.
Section § 8764
This law outlines what information must be included in a 'record of survey,' which is a detailed map or document showing the results of a survey of land. The record should show all found or altered survey markers, the direction and length of survey lines, and other relevant data such as the name and legal description of the property, dates of the survey, and any connections to neighboring land. It should also include statements and information required by related laws, any necessary explanations for understanding the details shown, and reasons for why certain survey filings are mandatory. However, the survey does not have to cover the entire property.
Section § 8764.5
This law specifies how maps should include certain statements from surveyors, county surveyors, and recorders. A surveyor must state that the map accurately represents a survey done as per the Professional Land Surveyors’ Act, including details like the surveyor's or engineer's license number. A county surveyor must confirm the map has been reviewed under a specific section of the same act on a certain date. The recorder's statement confirms the map filing date and book details, with signatures from each party. Only these official statements, or those required or allowed by this law, can be shown on the map.
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Section § 8765
This statute states that a formal record of survey isn't needed in certain cases. Firstly, if the survey was conducted by a public officer and a copy is filed with the county surveyor, it doesn't need separate recording. Second, surveys by the U.S. Bureau of Land Management are exempt. Third, if a map is already being prepared or has been recorded under specific map laws, no additional survey is needed. Fourth, if the survey retraces previously established lines without errors and property corners are clear, a record isn't required but documentation of any corner changes should be filed. Lastly, surveys of mobile home park lots are exempt unless previously recorded or converted to residential ownership.
Section § 8766
The county surveyor has 20 working days, or more if agreed upon, to check a survey record for accuracy and compliance with specific sections. They can't demand changes to survey methods or a field survey. However, they can comment on the survey or methods used. The review must be done by or supervised by a licensed surveyor or engineer.
Section § 8766.5
If you need a county surveyor to check a survey record, they can charge a fee, but it can't be more than $100 or the actual cost of the service, whichever is cheaper. However, if it costs more to do the job, the fee can be increased, but only if the county supervisors pass a rule based on data showing the true cost is higher than $100.
Section § 8767
This section explains what happens after a county surveyor reviews a survey record. If it meets all requirements, the surveyor endorses it and sends it to be officially filed. If it doesn't meet the requirements, the surveyor returns it with instructions on what needs to be altered. The surveyor or engineer in charge can then make those changes, note any disagreements, and resubmit it within 60 days, or another agreed-upon timeframe.
Section § 8768
If a licensed surveyor or civil engineer and the county surveyor disagree on a survey's details, they have 10 working days to resolve it. If they can't agree, the differences must be explained on the survey map, and the county recorder will file it. Both parties should try to agree on this explanation, but if they can't, each must add their own note detailing the disagreement. This explanation should clearly outline the reasons for the dispute.
Section § 8768.5
If a county surveyor delays in filing a survey map with the county records, the surveyor or engineer who submitted it can take legal action to force the filing. This process becomes automatic once the surveyor or engineer resubmits the map without changes. If the court gets involved, the winning party may get court costs and lawyer fees covered.
Section § 8769
When you file a record of survey, the fee is the same as the one charged for filing surveys of subdivided land, as set out in another section of the law.
Section § 8770
This law requires that when a survey map is filed with the county recorder, it must be stored in a way that keeps it safe and easy to reproduce. The county recorder also needs to organize the maps with indexes based on the area or subdivision names. The original maps should be kept in good condition for safekeeping, while copies should be available for public reference, and the original can be shown for comparison if requested.
Section § 8770.5
If a survey record in California has a mistake, like a missing course or incorrect distance, it can be corrected. Other errors like wrong land descriptions, lot numbers, street names, or issues with monument descriptions can also be fixed. These corrections must be approved by the county surveyor and follow the same procedures used for amending subdivision maps.
Section § 8770.6
This law clarifies that when land surveyors or civil engineers use the words “certify” or “certification” in their work, such as preparing surveys, maps, or reports, it means they're sharing their professional opinion on the matter. These terms don't mean they're providing a warranty or guarantee about the accuracy of the work.
Section § 8771
This law is about ensuring that any points or lines marked out in a land survey are preserved or can be easily reestablished. Monuments, which are markers used for this purpose, need to be placed in a way that lasts and cannot be easily moved. If these markers exist for things like roads or property lines, they must be managed by a qualified surveyor or engineer before any construction that might affect their placement occurs. If any of these markers might be destroyed during construction, new markers must be set, and official records need to be filed. The government or landowners need to make sure these markers are kept intact, and surveyors must assist with records related to them. It's up to the surveyor to decide which type of record to file.
Section § 8771.5
If you're recording a survey map in California and it includes coordinates from the California Coordinate System, you also need to show or provide a map that explains how you calculated those coordinates using known points.
Section § 8771.6
If a land surveyor or civil engineer finds a survey monument (like a marker) in bad shape, they must fix or rebuild it to be as durable and permanent as possible, and easy to locate in the future. This requirement is only valid until January 1, 2029, after which it will no longer be in effect.
Section § 8772
If a land surveyor or civil engineer places a marker on a property line, they must label it with their license number, preceded by 'L.S.' for surveyors or 'R.C.E.' for engineers. If a government agency sets the marker, it should be labeled with the agency's name and area it serves. Additional information can also be added to help locate related survey records.
Section § 8773
If you're a licensed land surveyor in the state, you're required to complete and file a 'corner record' whenever you establish or restore certain land survey corners, except for 'lost corners' as defined in a specific federal manual. If you do establish a lost corner, you need to file a 'record of survey' instead. Additionally, surveyors have the option to file such records for other property-related corners and markers.
Section § 8773.1
The board is responsible for setting the rules about what information needs to be included in a document called a 'corner record.' They also decide what the corner record form looks like, how it should be submitted, and when it must be filed. This document has to fit on a single sheet of paper that is 8.5 by 11 inches and can use both sides if needed.
Section § 8773.2
This law describes the process for submitting a "corner record" to a county surveyor in California. A corner record is a document used by surveyors to update land survey information. The county surveyor must review the document within 20 working days for compliance with certain sections and either file it or return it for corrections. If corrections are needed, the surveyor provides written details of changes required, and the surveyor has 60 days to resubmit it. If there are disagreements that can't be resolved, explanations of differences are included, and the document is filed anyway. Each corner record is securely stored and a fee may be charged for processing it. If the preparer includes a postage-paid envelope, the surveyor will send back confirmation of filing within 20 days, unless the information is available in a public electronic database.
Section § 8773.3
If a licensed land surveyor or civil engineer files a corner record, they also need to fix or improve the marker that identifies that corner. This marker must be made as permanent as possible and easy to find in the future.
Section § 8773.4
A corner record, which documents surveyed boundaries, must be signed and sealed by a licensed land surveyor or civil engineer, or signed by a qualified official from a government survey team. You don't need to file a new corner record if: there's already one on file that matches the existing corner; proper notations are made on relevant survey or parcel maps; or if the survey involves certain mobile home park lots with no prior maps filed. This rule doesn't apply to maps filed before 1974.
Section § 8774
This law states that land surveyors can enter private property to gather boundary information or to conduct surveys without having to notify the owner or tenant in advance, although notifying them of the time of entry is recommended when possible. However, this access does not apply to certain freeway areas. If a survey requires information from freeway land, the agency in charge of the freeway must help and provide necessary information at no charge to the surveyor upon written request.
Section § 8774.5
When a surveyor or engineer files a survey or related documents for recording, they must send a copy to the county surveyor. The county surveyor keeps an organized list based on location. To help pay for this, the county surveyor can charge the same fee as the recording fee. These rules don't apply if the county already requires such a process.