Updated on September 2, 2021
A record of survey is a detailed map that documents and identifies the physical land boundaries or property lines for a specific parcel of land. There are various reasons that may necessitate the need for records of surveys, such as verifying the acreage of your parcel of land, checking for possible encroachments by adjoining properties or for the development of your property.
A licensed surveyor or licensed civil engineer must prepare the record of survey in conformity with the practice of land surveying. See BPS § 8762. Generally speaking, a record of survey will describe the location of monuments that were found while conducting the field survey, how the monuments relate to record deed descriptions or other maps within that area, a memorandum of oaths, and any other information that the land surveyor or civil engineer deem necessary in preparing them. See BPS § 8764.
Upon completion of a field survey, a land surveyor or civil engineer may file the record of survey with the appropriate county surveyor for review and approval in the county in which the parcel of land is located. See BPC § 8762. A land surveyor or civil engineer is required to file a record of survey with the county surveyor when the field survey involves land boundaries or property lines and it is found that there is:
● Material evidence of physical change to the parcel of land;
● Material discrepancy with prior record information relating the parcel of land;
● Lines that are not shown on a map of prior record;
● Points or lines set during a survey cannot be ascertained; or
● Establishment of a lost corner. See Id.
Unless an additional time frame has been mutually agreed upon between the land surveyor or civil engineer and the county surveyor, the county surveyor has up to 20 business days to examine the record of survey. See BPC § 8766. If the county surveyor finds any issues with the record of survey, it will be returned, together with a written statement of the necessary changes that are needed. See BPC § 8767. Once the record of survey has been examined and approved by the county surveyor, it will be presented to the county recorder for filing. See Id.
In creating a record of survey, a land surveyor or civil engineer is providing their professional opinion on the physical land boundaries or property lines for a specific parcel of land. They are not however determining the physical ownership of those boundaries as only a court of law can make such a determination.
At Schorr Law, our Los Angeles purchase sales dispute lawyers are experienced in handling property line disputes and providing counsel on matters involving real property sales, purchases, and leases. To see if you qualify for a free 30-minute consultation regarding your matter, please contact real estate lawyers Los Angeles by phone, email, or send us a message through our contact form.
See related: What to Look For In a Property Survey