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Declaratory Ruling (2002) Regarding survey of easements
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4/23/2015 at 3:01:00 PM GMT
Posts: 56
Declaratory Ruling (2002) Regarding survey of easements

Below is the text from a Declaratory Ruling issued by the State Board of Licensure for Professional Engineers and Land Surveyors in 2002 upon request of OSLS regarding survey of easements and rights other than fee simple.

 

Question: Do the rules applicable to a land or boundary survey require that a survey of property or interests other than a fee simple estate, such as easements, rights-of-way, and leases, shall meet the minimum standards?

 

 

Answer: The Rules of Procedure Oklahoma Administrative Code Title 245: Section 15-13-2(a)(3) of the Oklahoma State Board of Registration for Professional Engineers and Land Surveyors define land or boundary surveys as a survey, the primary purpose of which includes, but is not limited to, the determining of perimeters of a parcel or tract of land by establishing or reestablishing corners, monuments and boundary lines.  While the term “parcel or tract of land” may commonly refer to ownership in fee simple, the lesser-included degrees of ownership in land or lesser-included estates in land are also a part of the land. Such lesser included estates in land are known and primarily defined by their boundaries. The reliable and accurate determination of the boundaries of such lesser-included estates is in the public interest and is within the scope of the Rules.  

 

Surveys of easements, rights-of-way and leases, when monumented, are boundary or land surveys within the meaning of the definition first mentioned above, and therefore shall meet the minimum standards for land surveying.

 

CLICK HERE FOR A FULL COPY OF THE DECLARATORY RULING 02-01

 




Burk Cornelius, PLS
Executive Director
Oklahoma Society of Land Surveyors


Last edited Thursday, January 21, 2016

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