Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.06 - Minimum Standards of Practice › Section 09.13.06.06 - Location Drawings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. The
				purpose of a location drawing is to locate, describe, and represent the
				positions of buildings or other visible improvements affecting the subject
				property.
B. Result. The location
				drawing shall delineate the subject property and the location of the buildings
				and other visible improvements on the property. Location drawings do not
				include foundation certifications or wall checks.
C. Approval by the Consumer and Disclosures.
(1) The surveyor may not accept compensation
				pursuant to this regulation until the surveyor receives a signed approval form
				as described in this section.
(2) A
				surveyor is presumed to have received the approval form, if it is delivered to
				the surveyor by the following means:
(a)
				Personal delivery;
(b) Regular,
				registered, or certified mail, return receipt requested; or
(c) Facsimile device or email transmission
				capable of producing a tangible record of delivery.
(3) The approval form shall be sufficient if
				it is signed by the consumer, whether one or more, with respect to the property
				for which services pursuant to this regulation are sought.
(4) The approval form shall contain at least
				the following statements:
Approval Form
In connection with the purchase or refinancing of the
				  property located at ______________________________________ (this office has
				  been requested) (a licensed Maryland surveyor will be engaged) to prepare a
				  location drawing. A location drawing shows the property inspected and the
				  locations of buildings or other visible improvements affecting the property. A
				  LOCATION DRAWING IS NOT A BOUNDARY SURVEY AND CANNOT BE RELIED UPON BY ANYONE
				  TO SHOW WHERE THE PROPERTY'S BOUNDARIES ARE. The only purpose of a location
				  drawing is to provide some assurance that improvements are located on the
				  property. This assurance is for the use of a lender or an insurer only.
If a boundary survey, which could be relied upon for various
				  purposes (for example setting the property markers, erecting a fence, building
				  a garage, or making other improvements on the property), is desired, a surveyor
				  should be contacted independently. The cost of a boundary survey will be
				  greater than the cost of a location drawing.
For further information, contact:
Surveyor's/Company's Name:
Address:
Telephone Number:
Initial appropriate lines:
______ I/we approve the preparation of a location drawing.
				  I/we have read and understand that, in the absence of any problem revealed by
				  or during the preparation of this drawing, it will be all that is required by
				  the lending institutions and title companies for settlement.
______ I/we request a boundary survey that will include a
				  location drawing, and will identify property boundary lines and mark property
				  boundary corners. I/we have read and understand that this may not be required
				  for settlement purposes.
Consumer's Signature Consumer's Signature
___________________________________________________________________
Date ____________ Date ____________
Contact Phone Number
				  __________________________________________________
(5) Upon receipt of an approval form which
				complies with this section and upon complying with Regulation .12A of this
				chapter, the surveyor shall perform the services approved by the consumer. If
				the consumer requests a boundary survey which includes a location drawing, the
				survey shall be consistent with the provisions set forth in Regulation .03 of
				this chapter and the requirements set forth in §D(5) of this
				regulation.
(6) If the consumer
				approves the preparation of a location drawing, the surveyor shall perform at
				least the following procedures:
(a) Examine
				the current deed to and recorded plat, if any, of the subject parcel;
				and
(b) Take sufficient on-site
				measurements to enable the surveyor to perform the tasks called for by this
				regulation with regard to the:
(i)
				Approximate locations of buildings and those other improvements referenced in
				this regulation,
(ii) Possible
				encroachments reasonably determined based on a visual inspection, and
(iii) A flood hazard zone, if
				requested.
(7) If, in connection with the preparation of
				a location drawing, a surveyor finds evidence to warrant, in the surveyor's
				professional opinion, the performance of a boundary survey, the surveyor shall
				so notify the consumer.
(8)
				Disclosures.
(a) If the consumer, pursuant to
				this regulation, has approved a location drawing, the plat prepared by the
				surveyor shall prominently display, at a minimum, advice to the effect that the
				plat:
(i) Is of benefit to a consumer only
				insofar as it is required by a lender or a title insurance company or its agent
				in connection with contemplated transfer, financing, or refinancing;
(ii) Is not to be relied upon for the
				establishment or location of fences, garages, buildings, or other existing or
				future improvements; and
(iii) Does
				not provide for the accurate identification of property boundary lines, but
				this identification may not be required, for the transfer of title or securing
				financing or refinancing.
(b) The statements under this regulation may
				be written on a separate page, if the:
(i)
				Separate page is stapled or otherwise permanently affixed to the plat;
				and
(ii) Page containing the plat
				bears a prominent statement to the effect that the advice is an integral part
				of the plat, and is to be found on the affixed page.
(9) If the consumer, pursuant to
				this regulation, has approved a location drawing, the following shall be shown:
(a) Significant buildings, structures, and
				other improvements, in their approximate relationship to the apparent property
				lines reflected in the deed, based on the field measurements taken by the
				surveyor, and any other evidence considered by the surveyor;
(b) Statement with regard to the level of
				accuracy of distances to apparent property lines; and
(c) Possible encroachments to the extent
				reasonably determined by a visual inspection of the property either way across
				property lines.