Rule 180-7-.02 - Land Titles and Location(1)(a) Every parcel of land whose boundaries are surveyed by a land surveyor should be made conformable with the record title boundaries of such land. The land surveyor prior to making such a survey shall acquire the following prerequisite data: deeds, maps, certificates of title, centerline data, right of way data, adjacent descriptions, and other boundary line locations in the vicinity as necessary or available. The land surveyor shall compare and analyze all of the data obtained and make most nearly correct legal determination possible of the position of the boundaries of such parcel. He shall make a field survey traversing and connecting all available monuments appropriate or necessary for the location, and coordinate the facts of such survey with the pre-determined analysis. Not until then shall the monuments marking the corners or such parcel be set, and such monuments shall be set in accordance with the full and most satisfactory analysis obtainable. It shall be the responsibility of the land surveyor to evaluate conformity with adjacent tracts for overlaps and gores and to report the same on all maps, plats, and reports.(b) In the event that the land surveyor determines that it is not possible to make the survey of a parcel of land conformable with the record title of such land or that it is not possible to coordinate the predetermined analysis with the field survey, the surveyor shall explain the reason for his determination and shall denote in indisputable language, the source and reason for the corners, lines, and/or areas as shown on the plat. Such reasons may include, but are not limited to, the following: Disputed, property lines or areas; possession lines; acquiescence; adverse possession; unrecorded deeds; proposed purchase (new parcels); dubious and nebulous deed descriptions; and any adverse claim. This paragraph shall not be construed in any way to allow the surveyor to evade his/her responsibilities under the law.(2) Any description written for conveyance or other purpose, defining land boundaries, shall be complete and accurate from a title standpoint, providing definite and unequivocal identification of the lines or boundaries, and definite recitals as to use or rights to be created through such descriptions. A description shall include the general location of the tract or lot with sufficient accuracy such that the tract can be readily located on the ground. The land lot, district, section, militia district number (in Headright Grant areas), city (if known to be within the city limits) and county shall be called out in said description. Description shall start at a point of commencement and/or a point of beginning that can be readily re-established. The description shall include the names of adjoining subdivision and/or property owners on all lines, as can be determined at the time of commencement of the survey through public records such as the county tax assessor and/or clerk of court records. (A title search is not required for this.) A metes and bounds description shall describe all courses in logical sequence around a tract or lot in a clockwise direction such that the ending point is the beginning point, the exception to this would be a description for a linear easement. The monument at each corner shall be described. All lines adjacent to streets, roads, or other rights-of-way shall be referenced to these and all pertinent distances and curve data shall be listed (arc length, chord length, chord bearing and radius) in addition to the parcel's area. All descriptions, being a form of report, shall bear the land surveyor's name, address, seal and signature.Ga. Comp. R. & Regs. R. 180-7-.02
Authority O.C.G.A. Secs. 15-6-67, 43-15-1, 43-15-2, 43-15-4, 43-15-6.
Original Rule entitled "Identification Number" adopted. F. and eff. June 30, 1965.Amended: ER. 180-7-0.7-.02 entitled "Land Titles and Location" adopted. F. and eff. July 31, 1975.Amended: Permanent Rule adopted. F. Nov. 4, 1975; eff. Nov. 24, 1975.Amended: F. Aug. 9, 1990; eff. Aug. 29, 1990.Amended: F. May 11, 2001; eff. May 31, 2001.Repealed: New Rule of same title adopted. F. Feb. 25, 2008; eff. Mar. 16, 2008.