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Saturday, May 13, 2017

New rules

20170512_095617

I’m looking forward to the board meeting the next coming week, and will be in Austin to attend the meeting and the public hearing. It’ll be interesting to hear surveyors voice their opinion about the new rules.

The hearing is about the new rules for the board about the adjoiner and the electronic seal.

The current rule for adjoiner:

(3) Follow the documented records of the land title affecting the boundaries being surveyed;
(A) Rely on the appropriate deeds and/or other documents including those for adjoining parcels for the location of the boundaries of the subject parcel(s).
(B) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for such research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed. The land surveyor may rely on record data related to the determination of boundaries furnished for the registrants' use by a qualified provider, provided the registrant reasonably believes such data to be sufficient and notes, references, or credits the documentation by which it is furnished.
(C) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the land surveyor's opinion of the boundary location shall be supported by other appropriate physical evidence, which shall be explained in a land surveyor's sketch or written report.

The proposed rule will add a new item:

(D) Shall review the record instrument that defines the location of the adjoining boundaries and if appropriate to the chain of title of the tract being surveyed, cite the record instrument on the drawing and prepared description.

To me it seems like (d ) is just like (a ) reworded though.

Also, a rule will be deleted under Survey Drawing / Report

[(f) A reference shall be cited on the drawing and prepared description, to the record instrument that defines the location of adjoining boundaries.]

I’m curious about the deletion. It is the industry standard that the survey report will have adjoiner deed.

Then I read the new rule, it seems to me that in case the adjoiner document does not define the boundary line,then we don’t have to reference to the adjoiner deed on the report. For example: if the subject is the cut-out tract, and the adjoiner is the residue of a big tract, then the boundary line is determined by the subject deed.

However, remove the above item out Survey Report rule would be misunderstood that we don’t have to reference adjoiner deed at all. Instead, the item should be kept and add “if exist”.

(f) A reference shall be cited on the drawing and prepared description, to the record instrument that defines the location of adjoining boundaries, if existed.

Now to the proposed rule about electronic seal, I’m confused.

(b) An electronic seal and signature are permitted to be used in lieu of an original seal and signature when the following criteria, and all other requirements of the General Rules of Procedures and Practices are met:

(1) It is a unique identification of the professional;

(2) It is verifiable; and

(3) It is under the professional's direct control.

How do they (or us) determine (1) and (2), especially (2)?? What do they have in mind to “verify” an electronic seal? I wish to know it clearer so I can make it “verifiable” to the board.

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