The results of a survey can be shown in several ways, which include a map, a plat, a written statement or a combination of these items. The intent of this section is to ensure that there is sufficient material on record to determine exactly what land was conveyed in a transaction, or, in other words, to determine the boundaries of a particular parcel of land. Should a dispute arise over boundaries, the deed and all available documentation will be reviewed to make this determination. Since a survey is the measurement of land, the results would be important to this determination. This requirement ensures that if a survey has been performed on a parcel of land, it will be on record with the deed and preserved for future generations.
Problems arise when there are ambiguities in the deed and accompanying materials.
If a dispute arises, these ambiguities may have to be resolved by the court to determine exactly what land the parties conveyed. Courts will look first to the language of the deed itself to determine the understanding and the intent of the parties. The Court has also held that statutes should not be construed in a manner that would render them ineffective, or lead to irrational consequences. Report Filed on 'Actual Costs' In compliance with Act 159 of 1996, our Office reported to the Legislature this month that we have surveyed state and municipal agencies to determine the impact of the 'actual cost' provisions of the new law regulating access to public records. We reported that the General Assembly's intent to standardize charges for copies of the public record has largely been achieved.