Section § 8759

Explanation

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.

(a)CA Business & Professions Code § 8759(a) A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the client’s representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:
(1)CA Business & Professions Code § 8759(a)(1) A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer.
(2)CA Business & Professions Code § 8759(a)(2) A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3)CA Business & Professions Code § 8759(a)(3) The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client.
(4)CA Business & Professions Code § 8759(a)(4) A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.
(5)CA Business & Professions Code § 8759(a)(5) A description of the procedure to be used by both parties to terminate the contract.
(6)CA Business & Professions Code § 8759(a)(6) Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services.
(b)CA Business & Professions Code § 8759(b) This section shall not apply to any of the following:
(1)CA Business & Professions Code § 8759(b)(1) Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.
(2)CA Business & Professions Code § 8759(b)(2) A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract.
(3)CA Business & Professions Code § 8759(b)(3) If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4)CA Business & Professions Code § 8759(b)(4) Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following:
(A)CA Business & Professions Code § 8759(b)(4)(A) A professional engineer licensed under Chapter 7 (commencing with Section 6700).
(B)CA Business & Professions Code § 8759(b)(4)(B) A land surveyor licensed under this chapter.
(C)CA Business & Professions Code § 8759(b)(4)(C) An architect licensed under Chapter 3 (commencing with Section 5500).
(D)CA Business & Professions Code § 8759(b)(4)(D) A contractor licensed under Chapter 9 (commencing with Section 7000).
(E)CA Business & Professions Code § 8759(b)(4)(E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F)CA Business & Professions Code § 8759(b)(4)(F) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G)CA Business & Professions Code § 8759(b)(4)(G) A public agency.
(c)CA Business & Professions Code § 8759(c) “Written contract” as used in this section includes a contract that is in electronic form.

Section § 8760

Explanation

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.

Every licensed land surveyor or registered civil engineer may administer and certify oaths:
(a)CA Business & Professions Code § 8760(a) When it becomes necessary to take testimony for the identification or establishment of old, lost or obliterated corners.
(b)CA Business & Professions Code § 8760(b) When a corner or monument is found in a perishable condition, and it appears desirable that evidence concerning it be perpetuated.
(c)CA Business & Professions Code § 8760(c) When the importance of the survey makes it desirable, to administer an oath to his assistants for the faithful performance of their duty.
A record of oaths shall be preserved as part of the field notes of the survey and a memorandum of them shall be made on the record of survey filed under this article.

Section § 8761

Explanation

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.

(a)CA Business & Professions Code § 8761(a) Any licensed land surveyor or civil engineer authorized to practice land surveying may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection with that practice.
(b)CA Business & Professions Code § 8761(b) All maps, plats, reports, descriptions, or other land surveying documents shall be prepared by, or under the responsible charge of, a licensed land surveyor or civil engineer authorized to practice land surveying and shall include his or her name and license number.
(c)CA Business & Professions Code § 8761(c) Interim maps, plats, reports, descriptions, or other land surveying documents shall include a notation as to the intended purpose of the map, plat, report, description, or other document, such as “preliminary” or “for examination only.”
(d)CA Business & Professions Code § 8761(d) All final maps, plats, reports, descriptions, or other land surveying documents issued by a licensed land surveyor or civil engineer authorized to practice land surveying shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. If the land surveying document has multiple pages or sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear, at a minimum, on the title sheet, cover sheet or page, or signature sheet, unless otherwise required by law.
(e)CA Business & Professions Code § 8761(e) It is unlawful for any person to sign, stamp, seal, or approve any map, plat, report, description, or other land surveying document unless the person is authorized to practice land surveying.
(f)CA Business & Professions Code § 8761(f) It is unlawful for any person to stamp or seal any map, plat, report, description, or other land surveying document with the seal or stamp after the certificate of the licensee that is named on the seal or stamp has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.

Section § 8761.1

Explanation
A licensed land surveyor or registered civil engineer can only prepare or approve documents related to land surveying if it falls within their professional authority.
The authority of a licensed land surveyor or registered civil engineer to prepare, sign, issue, stamp, seal, or approve any map, plat, report, description, or other document shall be consistent with that person’s authority to practice land surveying.

Section § 8761.2

Explanation

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.

Notwithstanding the provisions of Section 8761, a registered civil engineer or licensed land surveyor who signs land surveying maps, plats, reports, descriptions, or other surveying documents shall not be responsible for damage caused by subsequent changes to or uses of those maps, plats, reports, descriptions, or other surveying documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered civil engineer or licensed land surveyor who originally signed the maps, plats, reports, descriptions, or other surveying documents, provided that the engineering or surveying service rendered by the civil engineer or land surveyor who signed the maps, plats, reports, descriptions, or other surveying documents was not also a proximate cause of the damage.

Section § 8762

Explanation

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.

(a)CA Business & Professions Code § 8762(a) Except as provided in subdivision (b), after making a field survey in conformity with the practice of land surveying, the licensed surveyor or licensed civil engineer may file with the county surveyor in the county in which the field survey was made, a record of the survey.
(b)CA Business & Professions Code § 8762(b) Notwithstanding subdivision (a), after making a field survey in conformity with the practice of land surveying, the licensed land surveyor or licensed civil engineer shall file with the county surveyor in the county in which the field survey was made a record of the survey relating to land boundaries or property lines, if the field survey discloses any of the following:
(1)CA Business & Professions Code § 8762(b)(1) Material evidence or physical change, which in whole or in part does not appear on any subdivision map, official map, or record of survey previously recorded or properly filed in the office of the county recorder or county surveying department, or map or survey record maintained by the Bureau of Land Management of the United States.
(2)CA Business & Professions Code § 8762(b)(2) A material discrepancy with the information contained in any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or the county surveying department, or any map or survey record maintained by the Bureau of Land Management of the United States. For purposes of this subdivision, a “material discrepancy” is limited to a material discrepancy in the position of points or lines, or in dimensions.
(3)CA Business & Professions Code § 8762(b)(3) Evidence that, by reasonable analysis, might result in materially alternate positions of lines or points, shown on any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or the county surveying department, or any map or survey record maintained by the Bureau of Land Management of the United States.
(4)CA Business & Professions Code § 8762(b)(4) The location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey.
(5)CA Business & Professions Code § 8762(b)(5) The points or lines set during the performance of a field survey of any parcel described in any deed or other instrument of title recorded in the county recorder’s office are not shown on any subdivision map, official map, or record of survey.
(c)CA Business & Professions Code § 8762(c) The record of survey required to be filed pursuant to this section shall be filed within 90 days after the setting of boundary monuments during the performance of a field survey or within 90 days after completion of a field survey, whichever occurs first.
(d)Copy CA Business & Professions Code § 8762(d)
(1)Copy CA Business & Professions Code § 8762(d)(1) If the 90-day time limit contained in subdivision (c) cannot be complied with for reasons beyond the control of the licensed land surveyor or licensed civil engineer, the 90-day time period shall be extended until the time at which the reasons for delay are eliminated. If the licensed land surveyor or licensed civil engineer cannot comply with the 90-day time limit, he or she shall, prior to the expiration of the 90-day time limit, provide the county surveyor with a letter stating that he or she is unable to comply. The letter shall provide an estimate of the date for completion of the record of survey, the reasons for the delay, and a general statement as to the location of the survey, including the assessor’s parcel number or numbers.
(2)CA Business & Professions Code § 8762(d)(2)  The licensed land surveyor or licensed civil engineer shall not initially be required to provide specific details of the survey. However, if other surveys at the same location are performed by others which may affect or be affected by the survey, the licensed land surveyor or licensed civil engineer shall then provide information requested by the county surveyor without unreasonable delay.
(e)CA Business & Professions Code § 8762(e)  Any record of survey filed with the county surveyor shall, after being examined by him or her, be filed with the county recorder.
(f)CA Business & Professions Code § 8762(f)  If the preparer of the record of survey provides a postage-paid, self-addressed envelope or postcard with the filing of the record of survey, the county recorder shall return the postage-paid, self-addressed envelope or postcard to the preparer of the record of survey with the filing data within 10 days of final filing. For the purposes of this subdivision, “filing data” includes the date, the book or volume, and the page at which the record of survey is filed with the county recorder.

Section § 8762.5

Explanation

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.

No record of survey of land shown on the latest adopted county assessment roll as a unit or as contiguous units, which shows a division of such land into additional parcels, shall be filed with the county surveyor or with the county recorder, unless there is attached thereto a certificate by the county surveyor if the land lies within an unincorporated area, or a certificate by the city engineer if the land lies within a city, of compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinance enacted pursuant thereto.

Section § 8763

Explanation

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.

The record of survey shall be a map, legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or polyester base film, 18 by 26 inches or 460 by 660 millimeters. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch or 25 millimeters.

Section § 8764

Explanation

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.

(a)CA Business & Professions Code § 8764(a) The record of survey shall show the applicable provisions of the following consistent with the purpose of the survey:
(1)CA Business & Professions Code § 8764(a)(1) All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto.
(2)CA Business & Professions Code § 8764(a)(2) Bearing or witness monuments, basis of bearings, bearing and length of lines, scale of map, and north arrow.
(3)CA Business & Professions Code § 8764(a)(3) Name and legal designation of the property in which the survey is located, and the date or time period of the survey.
(4)CA Business & Professions Code § 8764(a)(4) The relationship to those portions of adjacent tracts, streets, or senior conveyances that have common lines with the survey.
(5)CA Business & Professions Code § 8764(a)(5) Memorandum of oaths.
(6)CA Business & Professions Code § 8764(a)(6) Statements required by Section 8764.5.
(7)CA Business & Professions Code § 8764(a)(7) Any other data, in graphic or narrative form, necessary for the intelligent interpretation of the various items and locations of the points, lines, and areas shown, or convenient for the identification of the survey or surveyor, as may be determined by the civil engineer or land surveyor preparing the record of survey.
(b)CA Business & Professions Code § 8764(b) The record of survey shall also show, either graphically or by note, the reason or reasons, if any, why the mandatory filing provisions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 8762 apply.
(c)CA Business & Professions Code § 8764(c) The record of survey need not consist of a survey of an entire property.

Section § 8764.5

Explanation

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.

Statements shall appear on the map as follows:
Surveyor’s Statement
This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act
at the request of
Name of Person Authorizing Survey
in _______, 20__.
(Signed and sealed)
L.S. (or R.C.E.) No.
County Surveyor’s Statement
This map has been examined in accordance with Section 8766 of the Professional Land Surveyors’ Act this ____ day of ____, 20__.
(Signed and sealed) _____ County Surveyor _____
L.S. (or R.C.E.) No.
Recorder’s Statement
Filed this ____ day of ____, 20__, at ____.m. in Book ____ of ____ at page ____, at the request of ____.
(Signed) _____ County Recorder _____
No other statements may appear on the face of the map except those required or authorized by this article.

Section § 8765

Explanation

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.

A record of survey is not required of any survey:
(a)CA Business & Professions Code § 8765(a) When it has been made by a public officer in his or her official capacity and a reproducible copy thereof, showing all data required by Section 8764, except the recorder’s statement, has been filed with the county surveyor of the county in which the land is located. Any map so filed shall be indexed and kept available for public inspection.
(b)CA Business & Professions Code § 8765(b) Made by the United States Bureau of Land Management.
(c)CA Business & Professions Code § 8765(c) When a map is in preparation for recording or shall have been recorded under the provisions of the Subdivision Map Act.
(d)CA Business & Professions Code § 8765(d) When the survey is a retracement of lines shown on a subdivision map, official map, or a record of survey, where no material discrepancies with those records are found and sufficient monumentation is found to establish the precise location of property corners thereon, provided that a corner record is filed for any property corners which are set or reset or found to be of a different character than indicated by prior records. For purposes of this subdivision, a “material discrepancy” is limited to a material discrepancy in the position of points or lines, or in dimensions.
(e)CA Business & Professions Code § 8765(e) When the survey is a survey of a mobilehome park interior lot as defined in Section 18210 of the Health and Safety Code, provided that no subdivision map, official map, or record of survey has been previously filed for the interior lot or no conversion to residential ownership has occurred pursuant to Section 66428.1 of the Government Code.

Section § 8766

Explanation

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.

(a)CA Business & Professions Code § 8766(a) Within 20 working days after receiving the record of survey, or within the additional time as may be mutually agreed upon by the land surveyor or civil engineer and the county surveyor, the county surveyor shall examine it with respect to all of the following:
(1)CA Business & Professions Code § 8766(a)(1)  Its accuracy of mathematical data and substantial compliance with the information required by Section 8764.
(2)CA Business & Professions Code § 8766(a)(2)  Its compliance with Sections 8762.5, 8763, 8764.5, 8771.5, and 8772.
(b)CA Business & Professions Code § 8766(b) The examination pursuant to this section shall not require the licensed land surveyor or registered civil engineer submitting the record of survey to change the methods or procedures utilized or employed in the performance of the survey, nor shall the examination require a field survey to verify the data shown on the record of survey.
(c)CA Business & Professions Code § 8766(c) Nothing in this section shall limit the county surveyor from including notes expressing opinions regarding the record of survey, or the methods or procedures utilized or employed in the performance of the survey.
(d)CA Business & Professions Code § 8766(d) The examination pursuant to this section shall be performed by, or under the direct supervision of, a licensed land surveyor or registered civil engineer.

Section § 8766.5

Explanation

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.

The county surveyor may charge a reasonable fee for examining a record of survey pursuant to Section 8766 which shall not exceed the cost of the service or one hundred dollars ($100), whichever is the lesser. However, this one hundred dollars ($100) maximum fee may be increased by the board of supervisors if such an increase is authorized by a duly adopted ordinance and the ordinance was adopted pursuant to a staff report demonstrating that the cost of providing the examination service actually exceeds one hundred dollars ($100) per record of survey.

Section § 8767

Explanation

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.

If the county surveyor finds that the record of survey complies with the examination in Section 8766, the county surveyor shall endorse a statement on it of his or her examination, and shall present it to the county recorder for filing. Otherwise the county surveyor shall return it to the person who presented it, together with a written statement of the changes necessary to make it conform to the requirements of Section 8766. The licensed land surveyor or registered civil engineer submitting the record of survey may then make the agreed changes and note those matters which cannot be agreed upon in accordance with the provisions of Section 8768 and shall resubmit the record of survey within 60 days, or within the time as may be mutually agreed upon by the licensed surveyor or registered engineer and the county surveyor, to the county surveyor for filing pursuant to Section 8768.

Section § 8768

Explanation

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.

If the matters appearing on the record of survey cannot be agreed upon by the licensed land surveyor or the registered civil engineer and the county surveyor within 10 working days after the licensed land surveyor or registered civil engineer resubmits and requests the record of survey be filed without further change, an explanation of the differences shall be noted on the map and it shall be presented by the county surveyor to the county recorder for filing, and the county recorder shall file the record of survey. The licensed land surveyor or registered civil engineer filing the record of survey shall attempt to reach agreement with the county surveyor regarding the language for the explanation of the differences. If they cannot agree on the language explaining the differences, then both shall add a notation on the record of survey explaining the differences. The explanation of the differences shall be sufficiently specific to identify the factual basis for the difference.

Section § 8768.5

Explanation

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.

If the county surveyor fails to timely file the record of survey with the county recorder in accordance with Section 8768, the licensed land surveyor or registered civil engineer submitting the map may bring an action pursuant to Section 1085 of the Code of Civil Procedure to compel the filing of the record of survey. After the licensed land surveyor or registered civil engineer resubmits and requests the record of survey be filed without further change, the filing of the record of survey shall be deemed to be a ministerial act.
In any action brought pursuant to Section 1085 of the Code of Civil Procedure between a licensed land surveyor or a registered civil engineer and the county surveyor of any county, the court may award to the prevailing party costs and other expenses of litigation, including the payment of experts and other witnesses, and reasonable attorney’s fees.

Section § 8769

Explanation

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.

The charge for filing any record of survey, and for indexing the same, shall be the same as provided for subdivided land under Section 27372 of the Government Code.

Section § 8770

Explanation

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.

The record of survey filed with the county recorder of any county shall be stored in any manner that will ensure that the maps will be kept together, safe, and reproducible.
The county recorder shall keep proper indexes of such record of survey by the name of grant, tract, subdivision, or United States subdivision.
The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand.

Section § 8770.5

Explanation

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.

Any record of survey filed under the provisions of this chapter may be amended to show any course or distance that was omitted therefrom, or to correct any error in: course or distance shown thereon, the description of the land which the record of survey comprised, lot numbers, street names, acreages, identification of adjacent record maps, or the character of monuments being set, or to correct any other minor errors approved for correction by the county surveyor in the same manner that subdivision maps may be amended under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code.

Section § 8770.6

Explanation

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.

The use of the word “certify” or “certification” by a licensed land surveyor or registered civil engineer in the practice of professional engineering or land surveying or the preparation of maps, plats, reports, descriptions, or other surveying documents only constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied.

Section § 8771

Explanation

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.

(a)CA Business & Professions Code § 8771(a) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to ensure, together with monuments already existing, the perpetuation or facile reestablishment of any point or line of the survey.
(b)CA Business & Professions Code § 8771(b) When monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or licensed civil engineer legally authorized to practice land surveying, prior to the time when any streets, highways, other rights-of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor.
(c)CA Business & Professions Code § 8771(c) A permanent monument shall be reset in the surface of the new construction or a witness monument or monuments set to perpetuate the location if any monument could be destroyed, damaged, covered, disturbed, or otherwise obliterated, and a corner record or record of survey shall be filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable property, right-of-way and easement lines, property corners, and subdivision and tract boundaries to be reestablished without devious surveys necessarily originating on monuments differing from those that currently control the area.
(d)CA Business & Professions Code § 8771(d) The governmental agency performing or permitting construction or maintenance work is responsible for ensuring that either the governmental agency or landowner performing the construction or maintenance work provides for monument perpetuation required by this section.
(e)CA Business & Professions Code § 8771(e) It shall be the duty of every licensed land surveyor or licensed civil engineer legally authorized to practice land surveying to assist the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, streets or right-of-way or easement lines shall not be deemed adequate for this purpose, unless specifically noted on the corner record or record of survey of the improvement works with direct ties in bearing or azimuth and distance between these and other monuments of record.
(f)CA Business & Professions Code § 8771(f) The decision to file either a corner record or a record of survey as required by subdivision (b) or (c) shall be at the election of the licensed land surveyor or the licensed civil engineer legally authorized to practice land surveying submitting the document.

Section § 8771.5

Explanation

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.

When coordinates in the California Coordinate System are shown for points on a record of survey map the map may not be recorded unless it also shows, or is accompanied by a map showing, the control scheme through which the coordinates were determined from points of known coordinates.

Section § 8771.6

Explanation

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.

(a)CA Business & Professions Code § 8771.6(a) In every case where any monument is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil engineer using that monument as control in any survey shall reconstruct or rehabilitate the monument so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.
(b)CA Business & Professions Code § 8771.6(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 8772

Explanation

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.

Any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceeded by the letters “L.S.” or “R.C.E.,” respectively, as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves.
Nothing in this section shall prevent the inclusion of other information on the tag which will assist in the tracing or location of the survey records which relate to the tagged monument.

Section § 8773

Explanation

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.

(a)CA Business & Professions Code § 8773(a) Except as provided in subdivision (b) of Section 8773.4, a person authorized to practice land surveying in this state shall complete, sign, stamp with his or her seal, and file with the county surveyor or engineer of the county where the corners are situated, a written record of corner establishment or restoration to be known as a “corner record” for every corner established by the Survey of the Public Lands of the United States, except “lost corners,” as defined by the Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management and every accessory to such corner which is found, set, reset, or used as control in any survey by such authorized person.
(b)CA Business & Professions Code § 8773(b) After the establishment of a lost corner, as defined by the Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management a record of survey shall be filed as set forth in Section 8764.
(c)CA Business & Professions Code § 8773(c) Any person authorized to practice land surveying in this state may file such corner record for any property corners, property controlling corners, reference monuments, or accessories to a property corner.

Section § 8773.1

Explanation

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.

The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe the form in which the corner record shall be submitted and filed, and the time limits within which the form shall be filed. A corner record shall be a single 8.5 by 11 inch sheet which may consist of a front and back page.

Section § 8773.2

Explanation

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.

(a)CA Business & Professions Code § 8773.2(a) A “corner record” submitted to the county surveyor or engineer shall be examined by him or her for compliance with subdivision (d) of Section 8765 and Sections 8773, 8773.1, and 8773.4, endorsed with a statement of his or her examination, and filed with the county surveyor or returned to the submitting party within 20 working days after receipt.
(b)CA Business & Professions Code § 8773.2(b) In the event the submitted “corner record” fails to comply with the examination criteria of subdivision (a), the county surveyor or engineer shall return it to the person who submitted it together with a written statement of the changes necessary to make it conform to the requirements of subdivision (a). The licensed land surveyor or licensed civil engineer submitting the corner record may then make the agreed changes in compliance with subdivision (a) and note those matters that cannot be agreed upon in accordance with the provisions of subdivision (c), and shall resubmit the corner record within 60 days, or within the time as may be mutually agreed upon by the licensed land surveyor or licensed civil engineer and the county surveyor, to the county surveyor for filing pursuant to subdivision (c). The county surveyor or engineer shall file the corner record within 10 working days after receipt of the resubmission.
(c)CA Business & Professions Code § 8773.2(c) If the matters appearing on the corner record cannot be agreed upon by the licensed land surveyor or the licensed civil engineer and the county surveyor within 10 working days after the licensed land surveyor or licensed civil engineer resubmits and requests the corner record be filed without further change, an explanation of the differences shall be noted on the corner record and it shall be submitted to and filed by the county surveyor. The licensed land surveyor or licensed civil engineer filing the corner record shall attempt to reach agreement with the county surveyor regarding the language for the explanation of the differences. If they cannot agree on the language explaining the differences, then both shall add a notation on the corner record explaining the differences. The explanation of the differences shall be sufficiently specific to identify the factual basis for the differences.
(d)CA Business & Professions Code § 8773.2(d) The corner record filed with the county surveyor of any county shall be securely fastened by him or her into a suitable book provided for that purpose.
(e)CA Business & Professions Code § 8773.2(e) A charge for examining, indexing, and filing the corner record may be collected by the county surveyor, not to exceed the amount required for the recording of a deed.
(f)CA Business & Professions Code § 8773.2(f) If the preparer of the corner record provides a postage-paid, self-addressed envelope or postcard with the filing of the corner record, the county surveyor shall return the postage-paid, self-addressed envelope or postcard to the preparer of the corner record with the filing data within 20 days of final filing. For the purposes of this subdivision, “filing data” includes the date, book or volume, and the page at which the corner record is filed by the county surveyor. This subdivision shall not apply to a county surveyor’s office that maintains an electronic database of filed corner records that is accessible to the public by reference to the preparer’s license number.

Section § 8773.3

Explanation

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.

In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.

Section § 8773.4

Explanation

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.

(a)CA Business & Professions Code § 8773.4(a) A corner record shall be signed by a licensed land surveyor or licensed civil engineer and stamped with his or her seal, or in the case of an agency of the United States government or the State of California, the certificate may be signed by the chief of the survey party making the survey, setting forth his or her official title, prior to filing.
(b)CA Business & Professions Code § 8773.4(b) A corner record need not be filed when:
(1)CA Business & Professions Code § 8773.4(b)(1) A corner record is on file and the corner is found as described in the existing corner record.
(2)CA Business & Professions Code § 8773.4(b)(2) All conditions of Section 8773 are complied with by proper notations on a record of survey map filed in compliance with the Professional Land Surveyors’ Act or a parcel or subdivision map, in compliance with the Subdivision Map Act.
(3)CA Business & Professions Code § 8773.4(b)(3) When the survey is a survey of a mobilehome park interior lot as defined in Section 18210 of the Health and Safety Code, provided that no subdivision map, official map, or record of survey has been previously filed for the interior lot or no conversion to residential ownership has occurred pursuant to Section 66428.1 of the Government Code.
(c)CA Business & Professions Code § 8773.4(c) This section shall not apply to maps filed prior to January 1, 1974.

Section § 8774

Explanation

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.

(a)CA Business & Professions Code § 8774(a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice land surveying, and it is the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable.
(b)CA Business & Professions Code § 8774(b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.
(c)CA Business & Professions Code § 8774(c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the registered civil engineer or licensed land surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the engineer or surveyor and at no charge to him or her.

Section § 8774.5

Explanation

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.

(a)CA Business & Professions Code § 8774.5(a) Upon the filing of a record of survey, amended record of survey, or certificate of correction for recordation pursuant to this chapter, the surveyor or engineer who prepared the document shall transmit a copy of the document, including all recording information, to the county surveyor, who shall maintain an index, by geographic location, of the documents.
(b)CA Business & Professions Code § 8774.5(b) The county surveyor may charge a fee equal to the fee charged for recording the documents specified in subdivision (a), for purposes of financing the costs of maintaining the index of those documents.
(c)CA Business & Professions Code § 8774.5(c) The requirements of this section shall not apply to any county which requires the documents specified in subdivision (a) to be transmitted to the county surveyor and requires that official to maintain an index of those documents.