T55CH19

Title 55 > T55CH19

Sections (11)

55-1901

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1901. Purpose. The purpose of this chapter is to provide a method for preserving evidence of land surveys by providing for a public record of surveys. The provisions shall be deemed supplementary to existing laws relating to surveys, subdivisions, platting and boundaries. History: [55-1901, added 1978, ch. 107, sec. 1, p. 221.]

55-1902

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1902. Definitions. As used in this chapter: (1) Basis of bearing means the bearing in degrees, minutes and seconds, or equivalent, of a line between two (2) monuments or two (2) monumented corners that serves as the reference bearing for all other lines on the survey; or a description of the bearing system used to include a complete citation of the datum, epoch, and name of the published projection must be shown on the survey. If a custom projection is used, the datum, epoch, and defining parameters of the projection sufficient to replicate the bearing system shall also be shown on the survey. For surveys where the bearing system is shown in accordance with this subsection, the convergence angle computed at a minimum of one monument on the survey must be shown. (2) Corner, unless otherwise defined, means a property corner, or a property controlling corner, or a public land survey corner, or any combination of these. (3) GPS is the abbreviation for global positioning system, which is satellite surveying based on observations of the electromagnetic signals broadcast from the U.S. department of defense’s NAVSTAR GPS system. (4) Idaho coordinate system means that system of plane coordinates as established and designated by chapter 17, title 55 , Idaho Code. (5) Land survey means measuring the field location of corners that: (a) Determine the boundary or boundaries common to two (2) or more ownerships; (b) Retrace or establish land boundaries; (c) Retrace or establish boundary lines of public roads, streets, alleys or trails; or (d) Plat lands and subdivisions thereof. (6) Monument means a physical structure or object intended to mark, reference, or witness a line, corner, or position. (7) Property controlling corner means a public land survey corner, property corner, reference point or witness corner that controls the location of one (1) or more of the property corners of the property in question. (8) Property corner means a geographic point on the surface of the earth and is on, a part of, and controls a property. (9) Public land survey corner means any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U.S. general land office and the U.S. department of the interior, bureau of land management. (10) Reference point means a special monumented point that does not occupy the same geographical position as the corner itself and, where the spatial relationship to the corner is known and recorded, that serves to locate the corner. (11) Surveyor means every person authorized by the state of Idaho to practice the profession of land surveying. History: [55-1902, added 1978, ch. 107, sec. 1, p. 221; am. 1997, ch. 190, sec. 17, p. 529; am. 2004, ch. 83, sec. 1, p

55-1903

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1903. Compliance with chapter required. Any surveyor legally engaged in the practice of land surveying shall comply with the provisions of this chapter. History: [55-1903, added 1978, ch. 107, sec. 1, p. 222.]

55-1904

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1904. Records of survey — When filing required. After making a land survey in conformity with established principles of land surveying, a surveyor shall file a record of survey with the county recorder in the county or counties wherein the lands surveyed are situated. A record of survey shall be filed within ninety (90) days after completing any survey which: (1) Discloses a material discrepancy with previous surveys of record; (2) Establishes boundary lines and/or corners not previously existing or of record; (3) Results in the setting of monuments at corners of record which were not previously monumented; (4) Produces evidence or information which varies from, or is not contained in, surveys of record relating to the public land survey, lost public land corners or obliterated land survey corners; or (5) Results in the setting of monuments that conform to the requirements of section 54-1227 , Idaho Code, at the corners of an easement or lease area. History: [55-1904, added 1978, ch. 107, sec. 1, p. 222; am. 2006, ch. 136, sec. 1, p. 391; am. 2011, ch. 136, sec. 18, p. 394.]

55-1905

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1905. Records of survey — Filing. The records of survey to be filed under authority of this chapter shall be processed as follows: (1) The record of survey shall be a map using the same media and copy process as provided in section 50-1304 , Idaho Code. The map shall be eighteen (18) inches by twenty-seven (27) inches in size, with a three and one-half (3 1/2) inch margin at the left end for binding, and a one-half (1/2) inch margin on all other edges. No part of the drawing or certificates shall encroach upon the margins. Signatures shall be in reproducible black ink. The sheet or sheets which contain the drawing or diagram representing the survey shall be drawn at a scale suitable to ensure the clarity of all lines, bearings and dimensions. In the event that any survey is of such magnitude that the drawing or diagram cannot be placed on a single sheet, serially numbered sheets shall be prepared and match lines shall be indicated on the drawing or diagram with appropriate references to other sheets. (2) The original transparency and one (1) legible print of each record of survey shall be furnished to the county recorder in the county or counties in which the survey is to be recorded. History: [55-1905, added 1978, ch. 107, sec. 1, p. 222; am. 1997, ch. 190, sec. 18, p. 530; am. 2015, ch. 48, sec. 6, p. 106.]

55-1906

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1906. Records of survey — Contents. The records of survey shall, at a minimum, show: (1) All monuments found or set or reset or replaced, or removed, describing their kind, size, location using bearings and distances, and giving other data relating thereto; (2) Evidence of compliance with chapter 16, title 55 , Idaho Code, including instrument numbers of the most current corner records related to the survey being submitted and instrument numbers of corner records of corners which are set in conjunction with the survey being submitted; basis of bearings, bearing and length of lines, graphic scale of map, and north arrow; (3) Section, or part of section, township and range in which the survey is located and reference to surveys of record within or crossing or adjoining the survey; (4) Certificate of survey; (5) Ties to at least two (2) monuments from the following list: (a) Public land survey corners; (b) Center of section, quarter section corners, or sixteenth section corners, any of which were not monumented in an original survey of the United States, provided such corners have a corner record meeting the current requirements of chapter 16, title 55 , Idaho Code; or (c) Monuments recognized by the county surveyor. Additionally, if required by the city or county governing bodies, the record shall provide coordinates based on the Idaho coordinate system. Records of survey within previously platted subdivisions of record need not be tied to public land survey corner monuments; and (6) Surveyor’s narrative. The narrative must explain: (a) The purpose of the survey and how the boundary lines and other lines were established or reestablished and the reasoning behind the decisions; (b) Which deed records, deed elements, survey records, found survey monuments, plat records, road records, or other pertinent data were controlling when establishing or reestablishing the lines; and (c) For surveys that contain a vertical component, the narrative shall show the benchmarks used, the vertical datum referenced, and the methodology used to achieve the elevations. History: [55-1906, added 1978, ch. 107, sec. 1, p. 223; am. 1997, ch. 190, sec. 19, p. 530; am. 2004, ch. 83, sec. 2, p. 312; am. 2015, ch. 48, sec. 7, p. 107; am. 2019, ch. 58, sec. 2, p. 147; am. 2022, ch. 43, sec. 9, p. 122.]

55-1907

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1907. Coordinates — Basis. When coordinates in the Idaho coordinate system are shown on a record of survey map, subdivision plat or a highway right-of-way plat, the map or the plat must show the national spatial reference system monuments and their coordinates used as the basis of the survey; the zone; the datum and adjustment; and the combined adjustment factor and the convergence angle and the location where they were computed. History: [55-1907, added 1978, ch. 107, sec. 1, p. 223; am. 1997, ch. 190, sec. 20, p. 531; am. 2010, ch. 256, sec. 11, p. 654.]

55-1908

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1908. When record of survey not required. A record of survey is not required of any survey when: (1) It is of a preliminary nature; (2) A map is in preparation for recording or has been recorded under any other section of the Idaho Code, or pursuant to the laws of the United States; (3) A survey is performed for a mineral claim location, amendment or relocation; or (4) None of the conditions contained in section 55-1904 , Idaho Code, exist and the principal purpose of the survey is to depict information other than the points of lines that define boundaries including, but not limited to, topographic surveys and construction surveys, staking and layout. History: [55-1908, added 1978, ch. 107, sec. 1, p. 223; am. 2011, ch. 136, sec. 19, p. 395.]

55-1909

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1909. Filing fee. A fee of five dollars ($5.00) per page shall be charged for filing any record of survey. History: [55-1909, added 1978, ch. 107, sec. 1, p. 223; am. 1979, ch. 289, sec. 1, p. 768.]

55-1910

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1910. Duties of county recorder. The record of survey filed with the county recorder of any county shall be assigned an instrument number and shall be bound or filed with other plats of like character in a book or file or through an approved electronic storage system designated as Records of Surveys. Proper indexes or electronic segregated searchable and retrieval files shall be kept of such record of survey by section, township and range. The survey map transparency shall be stored for safekeeping in a reproducible condition. It shall be proper for the recorder to maintain for public reference a set of counter maps that are prints of the transparencies. The transparencies shall be produced for comparison upon demand, and full scale copies shall be made available to the public, at direct cost, by the county recorder. History: [55-1910, added 1978, ch. 107, sec. 1, p. 223; am. 2005, ch. 243, sec. 10, p. 761.]

55-1911

TITLE 55 PROPERTY IN GENERAL CHAPTER 19 RECORDING OF SURVEYS 55-1911. Error of closure. Any survey of land involving property boundaries including, but not limited to, public land survey lines, shall be conducted in such a manner as to produce an unadjusted mathematical error of closure of each area bounded by property lines within the survey of not more than one (1) part in five thousand (5,000). History: [55-1911, added 1984, ch. 263, sec. 1, p. 637; am. 2011, ch. 136, sec. 20, p. 395.]