Monumenting subdivision lots - Texas
I need help resolving a disagreement on if lot corners need to be monumented when the Final Plat is signed and sealed.
According to Texas Administrative Code 663.17(b), "When delineating a property or boundary line as an integral portion of a survey (survey being defined in the Act, §1071.002(6) or (8)), the land surveyor shall set, or leave as found, an adequate quantity of monuments of a stable and reasonably permanent nature to represent or reference the property or boundary corners. All survey markers shall be shown and described with sufficient evidence of the location of such markers on the land surveyors' drawing, written description or report." and Act §1071.002(6) reads:
"Professional surveying" means the practice of land, boundary, or property surveying or other similar professional practices. The term includes:
(A) performing any service or work the adequate performance of which involves applying special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth's surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for:
(i) locating real property boundaries;
(ii) platting and laying out land and subdivisions of land; or
(iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys; and
(B) consulting, investigating, evaluating, analyzing, planning, providing an expert surveying opinion or testimony, acquiring survey data, preparing technical reports, and mapping to the extent those acts are performed in connection with acts described by this subdivision.
In your opinon, does the above rule & act require lot corners to be monumented when preparing a final plat?
Thank you for your input.
Well, one could argue that two monuments and a basis of bearing between (or for that matter, a single monument in a defined coordinate system) with ties to every corner of each lot is technically an "adequate quantity". But only for someone like us with the knowledge and ability to lay out from the reference mons.
I would read "a property or boundary line" as meaning each and every separate line (or arc) comprising the boundary of a parcel. And each and every boundary line comprising a new subdivision is most likely considered "an integral part of [the] survey", seeing as how they were not in existence prior to the subdivision.
Finally, it doesn't serve the landowners, either before or after lots are sold off, to have no way of seeing the physical extent of their ownership. If the licensed surveyor in responsible charge of the work should not be the one to set those monuments, than who should be?
I worked on quite a few subdivisions in Texas in the late 2000s as a crew member and office tech, and I can't remember a single lot corner going unmonumented.
Regardless of the code, why would you leave a lot corner unmonumented? The purpose of the monument is so the land owners know where their boundaries are, not to provide future work for surveyors.
There is an exception here for construction, the newer subdivisions get stripped, often the entire site, utilities installed, roads built and after that corners are set. Of course construction won't start until the plat is approved, so there isn't much point in setting monuments that will be removed. So far it's working, but it's also a mess waiting to happen.
I've had lot corners knocked out two times already on a current townhome subdivision. I know the TBPLS had been discussing the requirements over the last year or two, but I don't recall if they issued a ruling before they were absorbed by the TBPELS.