The Laws of theState of MarylandThat Apply to the

Profession ofLand Surveying

Presented byJeff Elkins

Professional Land SurveyorMaryland Reg. No. 21512

Delaware Reg. No. S6-0000773

Table of Contents• Acknowledgements and Credits…………………………………Page 4•• “M.E.W.”………………………………………………………….Page 5•• Maryland is Still Subject to Common Law……………………..Page 6•• The Maryland Court System…………………………………….Page 8•• Stare Decisis………………………………………………………Page 8•• The Land Surveyor’s Professional Responsibility……………..Page 9•• Title Elements…………………………………………………….Page 12•• Title Terms…………………………………………………… ….Page 13•• Priority of Title Elements………………………………………..Page 15•• Privity of Contract……………………………………………….Page 19•• Statute of Repose…………………………………………………Page 20•• Statute of Limitations……………………………………………Page 20•• Adverse Possession……………………………………………….Page 20•• Ejectment…………………………………………………………Page 22•• Trespass…………………………………………………………..Page 22•• Easements………………………………………………………...Page 24•• Cemeteries………………………………………………………..Page 28•• Title to Street or Highway Where Land is Binding……………Page 32•• Condominium Law……………………………………………….Page 33

Table of Contents

• Riparian Rights………………………………………………….Page 40•• Riparian Terms………………………………………………….Page 41•• Meridian Stones and Testing Variation of a Compass………..Page 42•• An Ordinance for Measuring of Land, 1305…………………..Page 44•• The First Two Case Laws Recorded in Maryland• Involved Surveyors……………………………………………...Page 45•• Boundary Survey : Real World Example…...............................Page 46•• COMAR Regulations……..................................………………..Page 58•• Bibliography and Footnotes...............................………………..Page 110

Acknowledgements and Credits

The Law of Land Boundaries for the Maryland Surveyor and Related Materials………………James J. Demma, 2008

Statutory Laws of Maryland Relating to Land Surveyors(Black Book Edition)………………..James J. Demma, 2018

Statutory Laws of Maryland Relating to Land Surveyors(Red Book Edition)………………….James J. Demma, 2009

Statutory Laws of Maryland Relating to Land Surveyors(Supplement to the Red Book).......... James J. Demma, 2011

Maryland Boundary Law and Ethics Exam Review……………………………………………...................... 2007

Evidence and Procedures for Boundary Location(Second Edition)…….Curtis M. Brown, Walter G. Robillard,

and Donald A. Wilson, 1981

Boundary Control and Legal Principles (Third Edition)...........Curtis M. Brown, Walter G. Robillard,

and Donald A. Wilson, 1986

Boundaries and Landmarks, a Practical Manual…………………………………………...A.C. Mulford, 1912

Black’s Law Dictionary (Sixth Edition)………………1990

Definitions of Surveying and Associated Terms……..2005

The River and the Ridge, 300 Years of Local History………………………Roger B. Wilson, Donald C. Robinson,

James L. Morris, and David B. Glenn, 2003

“M.E.W.”

• James J. Demma, Esquire, a Professional Land Surveyor of the State of Maryland, and also Of Counsel with the law firm Miles & Stockbridge, P.C., in Rockville, Maryland, has, in his distinguished career, enriched the knowledge and professional understanding of the Laws of the State of Maryland for the Maryland Land Surveyor, by taking on the monumental endeavor and necessary research to publish comprehensive works on the subject of Maryland Law and how they apply to the Maryland surveying profession. His works, including the recently updated “Statutory Laws of Maryland Relating to Land Surveyors” (2018 Black Book Edition, and the 2009 Red Book Edition, along with the 2011 Supplement); and “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”, are invaluable resources of practical surveying law application and case law experience. The wealth of knowledge imparted by Mr. Demma in his works is essential to every Maryland Land Surveyor, and it is with the utmost respect and gratitude that I commend Mr. Demma for his monumental endeavors in educating the Maryland surveying community about the law.

• In seminars that I have attended that were lectured by Mr. Demma, he has always begun by offering some advice regarding interpreting and applying the law to any given circumstance where it may apply: the acronym “M.E.W.”

• “Maybe” : Does the law apply to each circumstance or situation exclusively?

• “Exception” : For almost every law, there can and will be an exception.

• “Why” : For every law, there is a reason or explanation for its origin; or “why” it• exists in the first place.

• It is essential for Land Surveyors to understand the law and how it changes and evolves in the jurisdictions where they practice their profession, and also to understand that society as a whole has become increasingly litigious; a Land Surveyor’s career could be affected by how carefully they interpret the evidence and laws used in their professional decisions and opinions in the jurisdictions where they practice.

Maryland is Still Subject to Common LawKing Charles I granted, in 1632, the historic record of the Maryland Charter, which described the limits of the Province of Maryland, to Caecilius Calvert, Baron of Baltimore; the son of Sir George Calvert, the first Lord Baltimore. Historians believe that Maryland was named for either Queen Henrietta Maria, or the Virgin Mary.1

The Province of Maryland was taken from the Colony of Virginia, between the latitude of Philadelphia, and the southern bank of the Potomac River.2 The original description called out the Fortieth Degree of North Latitude, which resulted in many land disputes between the land grants and conveyances granted by the Calverts and Penns, and also often resulted in violent feuding between land owners, and even periods of open warfare between Maryland and Pennsylvania between 1720 and 1738.3

Thomas Cresap was a Marylander who settled a few miles south of Wrightsville, Pennsylvania, and sternly adhered to the original charter’s description of Maryland’s northern boundary extending to the Fortieth Degree of North Latitude. He was quoted as having said that Philadelphia is “a pretty Maryland town.” In the fall of 1736, Maryland decided to support the activism of Cresap, and assembled 300 armed militia to evict German settlers near the area of York, Pennsylvania. This action roused the Pennsylvanians, who sent 150 settlers from the Lancaster County area to confront the Maryland militia. The Maryland militia, much to the fury of Mr. Cresap, decided not to initiate an armed conflict, and returned home. The leaders of Maryland were upset with Mr. Cresap; they felt that he had intentionally precipitated the conflict, and put Marylanders in danger. Mr. Cresap continued to be a nuisance to Pennsylvanians, and was soon imprisoned in Philadelphia until the land disputes died down.4

Events such as this led to the understanding that the two colonies could not settle this matter between themselves, and they turned to the King of England for help to resolve once and for all any land boundary disputes between the colonies of Maryland and Pennsylvania. The final boundary line defining the northern boundary of Maryland and southern boundary of Pennsylvania was established physically on the ground by the famous survey of Charles Mason and Jeremiah Dixon in the years 1763 to 1767.5

Maryland is Still Subject to Common Law

Many land transfers by Caecilius Calvert to Maryland settlers were made too hastily, and had no definite description; the surveys were faulty and erroneous, and records were not made for future reference. The Calverts were expelled from Maryland because of the American Revolution, and the existing titles to land were converted to fee simple titles.6 The State of Maryland, still today, is subject to the English Common Law, except where it has been changed or modified by legislative action, as stated in Article 5 of the Constitution of Maryland: “That the inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day of June, eighteen hundred and sixty-seven; except such as may have since expired, or may be inconsistent with the provisions of this Constitution; subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the inhabitants of Maryland are also entitled to all property derived to them from, or under the Charter granted by His Majesty Charles the First to Caecilius Calvert, Baron of Baltimore.”7

It is important to understand that the Common Law of England is subject to change, either by a legislative act, or a judicial decision. The Common Law is subject to the control and modification of the State Legislature, and may be abrogated or changed as the General Assembly may think most conducive to the general welfare.8

The Maryland Court System

The Maryland Court System has four levels:9

The District Court The Circuit Court The Court of Special Appeals The Court of Appeals The District Courts have exclusive original jurisdiction over many topics of controversy, but not land title cases; generally speaking, most all of land title cases in the State of Maryland are decided in the jurisdiction of the Circuit Court. Except as provided in Title 4-401 of the Courts and Judicial Proceedings Article, the District Court does not have jurisdiction to decide the ownership of real property or of an interest in real property.10 Also, the District Court does not have jurisdiction to render a declaratory judgment in a real property case.11

Stare Decisis Stare Decisis is the policy of courts to stand by precedent and not to disturb settled points of law. A doctrine that, when a court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle, and apply it to all future cases, where the facts are substantially the same. This doctrine rests upon the principle that the law by which men are governed should be fixed, definite, and known, and that when it is declared by a court of competent jurisdiction authorized to construe it, such declaration, in the absence of palpable mistake or error, is itself evidence of the law until it is changed by competent authority.12

The Land Surveyor’s Professional Responsibility COMAR, Title 9, Department of Labor, Licensing, and Registration, Subtitle 13, Board of Professional Land Surveyors, Chapter One, Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying: “A registrant shall make every reasonable effort to protect the safety, health, property, and welfare of the public.”13

Excerpts from “Boundaries and Landmarks”, by A.C. Mulford, 1912: “As compared with the vocation of the civil engineer, the calling of the surveyor has always been regarded as comparatively easy and simple. This is true not only in the popular conception of the two lines of work, but also in the view taken of them in text-books and in courses of instruction. (The surveyor) is considered preeminently a measurer of land. This is very true, and in certain localities and under certain conditions this may compose almost the entire work of the surveyor. But in the vast majority of cases the actual measuring of land forms the smaller portion of his duties. His hardest work is often, to use a colloquial phrase, to ‘find the land’ to be surveyed. “In a large part of our land, through the generations past, the precise boundaries of holdings have received little attention. In the years when land was worth comparatively little, when there was little money to be spared from the necessities of life for surveys, and when the surveys, when made, were very crude, little attention was given to the establishment or the maintenance of boundaries. Loose, faulty and ignorant conveyances, the use of perishable landmarks or no landmarks at all, the temptation to build fences ‘off line’ for a dozen reasons, good and bad, and innumerable other things have conspired to render the boundaries of land the most uncertain of all things. “We have to-day fully entered upon the era of high land values. The high prices paid by the wealthy for lands from which to form estates have revolutionized the methods of handling realty. The title of all property must be absolutely guaranteed and payment is usually made by the acre. As a result heavy demands are made upon the surveyor who finds himself confronted by two necessities, first, the necessity of making an extremely accurate set of measurements and, secondly, the necessity of defining clearly the boundaries of the land which he must measure – and the latter is by far the harder task. These problems he must work out single-handed and with the fear of failure shadowing him day by day and hour by hour.”

The Land Surveyor’s Professional Responsibility Excerpts from “Boundaries and Landmarks”, by A.C. Mulford, 1912: “Since no two problems present exactly the same complications, it is useless for anyone to attempt to lay out any fixed rules of procedure, yet it may be fairly said that from experience each surveyor acquires a certain amount of definite information concerning boundaries and landmarks and certain definite conceptions concerning the relative importance of different kinds of evidence, both direct and circumstantial. He is compelled to formulate for his own use certain general methods of procedure, and it is probable that the methods worked out by different surveyors bear a much closer resemblance to each other than would be supposed at first thought. For after all, when it comes to a question of the stability of property and the peace of the community, it is far more important to have a somewhat faulty measurement of the spot where the line truly exists than it is to have an extremely accurate measurement of the place where the line does not exist at all.14

“The problems of boundary lie at the foundation of all surveying, for one must know where a line is before he can measure it, and the solution of these problems calls for the same powers of accurate observation and of consecutive and logical thought that are demanded for successful work in any branch of modern science. It is needless to say that the successful surveyor must be accurate in his instrument work and in his computation; yet, if he would really succeed, he must go beyond this. He must add to this the patience to collect all the evidence which can be found bearing upon the case in hand, together with the ability to weigh this evidence to a nicety and to determine clearly the course pointed out by the balance of probability. If, in addition, he possesses enough imagination to cast pleasant lights across the desert of dry details, he should be successful indeed. The watchwords of the surveyor are Patience and Common Sense. “The vocation of the Civil Engineer has always been invested with a dignity of its own. But it seems to me that of late years, in paying him the honor which is his just due, we are apt to fix a little too wide a gap between him and his humbler brother, the Surveyor. We give engineering the chief attention in our technical schools, but surveying we are wont to relegate to the Freshman class. Yet the profession of the Surveyor deals with one of the oldest and most fundamental facts of human society – the possession and inheritance of land. Fire, flood, and earthquake wipe out the greatest works of the engineer, but the land continueth forever.”

The Land Surveyor’s Professional Responsibility Excerpts from “Boundaries and Landmarks”, by A.C. Mulford, 1912: “Curiously enough the Surveyor is isolated in his calling, and therein lie his responsibility and his temptations. The lawyer comes nearest to understanding the work, yet of the actual details of a survey most lawyers are woefully ignorant. The business man who can judge to a hair the fulfillment of a contract has no eye for the shortened line or the shifted landmark. To the skilled accountant of the bank the traverse sheet is a closed book. Dishonesty in ordinary business life cannot long be hid and errors in accounts quickly come to light, but the false or faulty survey may pass unchallenged through the years, for few but the Surveyor himself are qualified to judge it. I maintain that in the hands of the Surveyor, to an exceptional degree, lie the honor of the generations past and the welfare of the generations to come; in his keeping is the Doomsday Book of his community, and who shall know if he is false to his trust? Therefore I believe that to every Surveyor who values his honor and has a full sense of his duty the fear of error is a perpetual shadow that darkens the sunlight. “Yet it seems to me that to a man of active mind and high ideals the profession is singularly suited; for to the reasonable certainty of a modest income must be added the intellectual satisfaction of problems solved, a sense of knowledge and power increasing with the years, the respect of the community, the consciousness of responsibility met and work well done. It is a profession for men who believe that a man is measured by his work, not by his purse, and to such I commend it.”15

One of the most essential benchmarks taught to every Land Surveyor regarding their professional responsibility is to “follow in the footsteps” of the former Surveyor. From my personal experience, this can involve extensive research of not only Land Records, but of records of prior surveys, some as old as the original lines created from their land patents. This is only part of the research, however; the evidence that determines the original intention of the lines must be recovered and found physically in the field, and that is where the records and reputations of the prior surveys can become invaluable, and it is understood how essential it is to leave behind detailed records for future surveyors to follow our work. When searching in the field, utilizing all of the experience, knowledge, and skills that you have obtained, and a piece of evidence is found from an original survey, you truly realize that you are “following in the footsteps”.

Title ElementsForms of Title to Land:

Fee Simple Estate: An estate in land in which the grantee and his heirs and assigns have the absolute title forever, and, for the most part, without limitations or conditions. It is the greatest estate which one may enjoy in property and is in common language an absolute and unqualified ownership of the interests involved.16

Tenancy by the Entirety: Created by a conveyance to husband and wife, whereupon each becomes seized and possessed of the entire estate and after the death of one, the survivor takes the whole. Essentially a joint tenancy, modified by the common-law theory that the husband and wife are one person.17

Tenancy in Common: The holding of an estate in land by different persons under different titles, but there must be unity of possession and each must have the right to occupy the whole in common with his co-tenants.18

Joint Tenancy: An interest in an estate in fee simple, fee-tail, for life, for years, or at will, arising by a grant to two or more persons. Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The grant incident of joint tenancy is survivorship, by which the entire tenancy on the deceased of any joint tenant remains to the survivors, and at length to the last survivor.19

Life Estate: A freehold interest limited in its duration to the life or lives of some particular person or persons, or to the happening or not happening of some uncertain event.20

Certain Rights Obtained by Possession of Land.21

Title ElementsSufficient Deed: For a deed to be considered sufficient under Title 4-101(a) of the Real Property Article, Annotated Code of Maryland, it must contain the names of the grantor and grantee, a description of the property sufficient to identify it with reasonable certainty, and the interest or estate intended to be granted, is sufficient, if executed, acknowledged, and, where required, recorded. A deed must also be written, and signed by the grantor. The validity of a deed is not affected by the absence of a seal or attestation22, and a deed is not required to be recorded to be valid, unless required by the laws under its jurisdiction. Other elements of a deed that are commonly found are the consideration of the fee, and a public notarization. Statute of Frauds: Annotated Code of Maryland, Real Property Article, Title 5-103. Assignment, grant, or surrender of interest in property. No corporeal estate, leasehold or freehold, or incorporeal interest in land may be assigned, granted, or surrendered, unless it is in writing signed by the party assigning, granting, or surrendering it, or his agent lawfully authorized by writing, or by act and operation of law.23

Title Terms Land Patent: Any grant confirmed by Article 5 of the Declaration of Rights of the Maryland State Constitution; any valid grant made under prior law of the State of its interests in any vacant, resurveyed, escheat, or confiscated land; or any grant made under Title 13 of the Real Property Article of the Annotated Code of Maryland of its interests in any land.24

Title: The right to or ownership of property; the means by which an owner of land has possession; the legal evidence of ownership.25

Color of Title: That which in appearance is title, but which, in reality, is no title, or, in other words, it is such title as is good and sufficient in appearance, but which is not so in reality. A deed may constitute color of title where it purports to, and apparently does, convey title to the particular land in controversy, even though the deed is void. It is taken to be such title as in appearance is good and sufficient, but which in reality is not good and effectual. The paper title, to give color, must be so far prima facie good in appearance as to be consistent with the idea of good faith on the part of the party entering under it.26

Title TermsQuiet (Quieting) Title: An action in equity, giving a person in possession of a parcel of land the remedy to remove a cloud, lien, encumbrance, or other adverse claim from the title, when the title is disputed or denied (Title 14-108, Real Property Article, Annotated Code of Maryland). The object of a bill to quiet title is to protect the owner of legal title “from being disturbed in his possession and from being harassed by suits in regard to his title by persons setting up unjust and illegal pretensions.”27

Torrens System: A system of land title registration whereby title is quieted, registered and guaranteed by the state, sometimes including a guarantee of location.28

Quitclaim Deed: In modern practice a quitclaim is used where the grantor intends to convey only such interest as the grantor has, in contradistinction to a grant of the fee or other estate with a warranty of title. Such a deed is as effectual to convey whatever interest the grantor has in the subject of the deed as any other form of conveyance. A deed of conveyance operating by way of a release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, nor containing any warranty or covenants of title.29

Warranty Deed: A conveyance which states that the title is personally guaranteed by the grantor to be free of defects.30

Abstract of Title: A history of the title to a particular tract of land. It consists of a summary of the material parts of every recorded instrument affecting the title. The abstract is simply a road map that, when properly read by an experienced attorney, will enable him to conclude whether or not the title is merchantable and in whom such title is vested.31

Dower: A species of life estate by which a woman is, by law, entitled to claim on the death of her husband, in the lands and tenements of which he was seized in fee during the marriage, and which her issue, if any, might possibly have inherited. The estates of both dower and curtesy were abolished in Maryland by Title 3-202, Estates and Trusts Article, Annotated Code of Maryland.32

Title TermsEscheat: Signifies a reversion of property to the state in consequence of a want of any individual competent to inherit. The state is deemed to occupy the place and hold the rights of the feudal lord. Indicates the preferable right of the state to an estate left vacant, and without there being anyone in existence able to make claim thereto.33

Slander of Title: The surveyor must be careful to avoid offering a legal opinion. He is a collector of facts, not a judge or jury, and his duty is only to apprise his client of the presence of such facts as may be revealed by his survey. Therefore, the surveyor must be cautious in expressing his opinion on subjects in which he does not possess the necessary expertise. A surveyor should never render an opinion as to who may own a certain parcel of land, either as shown by the record title or by adverse possession. It must be obvious that the surveyor can re-establish boundary lines, delineate them on plats of survey and indicate ownership information by reference to recorded documents, but the surveyor should never put himself in a position of giving his opinion as to how and to whom title has been vested. These determinations can only be made by the courts having the appropriate jurisdiction over the subject matter. The surveyor, therefore, should use cautionary techniques in order to not be put into the position of defending a lawsuit which could be avoided by some prudence.34

Priority of Title Elements35

(1) Right of Possession (includes an unwritten conveyance) (2) Senior Rights Over Junior Rights (3) Intention of Parties (4) Calls for Natural Monuments: Monuments must have the following physical

characteristics: Visibility; Permanence; Stability; Definite Location Independent of Measurement

(5) Calls for Artificial Monuments (6) Calls for Surveys: A Line Called for is Just as Controlling as Any Natural or

Artificial Boundary (7) Calls for the Direction of a Line (8) Calls for the Distance of a Line (9) Calls for Coordinates (10) Calls for Area

Priority of Title ElementsRight of Possession: An individual or party may have claim to real property through an unwritten conveyance, either by claim through inheritance, or a proven decision of adverse possession. Senior Rights Over Junior Rights: The rights in a parcel of land, or several parcels, created in sequence with a lapse of time between them. A person conveying part of his or her land to another (senior) person cannot, at a later date, convey the same land to yet another (junior) person. A buyer (senior) has a right to all land called for in a deed; the seller (junior) owns the remainder.36

Intention of Parties: The purpose, meaning, and will of the conveyance that is written; the determination of the real purpose of the conveyance should always have precedence in determining and delineating each line of a survey. Monumentation: A monument is any physical object on the ground which helps to establish the location of a line called for; it may be either natural or artificial, and may be a tree, stone, stake, pipe, concrete monument, or like.37

As stated in “Boundaries and Landmarks”, by A.C. Mulford: “The monuments themselves need not exist, for where they are gone they may be supplied by proofs of their former existence. The highest and best evidence of the location of a tract of land is that furnished by the monuments found on the ground and which have been made for that particular tract. The line originally run, fixed and marked is the true boundary line that will control irrespective of any mistakes or errors in running and marking the line. The marks on the ground of an old survey, indicating the lines originally run, are the best evidence of the location of a survey.”38

Monumentation – Property Corner Stones: Much as no two trees are exactly the same, the same principle applies to property corner stones. Some criteria which most all property stones do have in common is permanence, stability, and unique characteristics which separate it from any ordinary stone. A property stone usually will not move or yield to pressure; it was set purposely deep in the soil for enduring permanence. It’s unique characteristics can involve different shapes and sizes, some larger than others; some still standing tall above the soil, some old enough to be buried through time by silt and erosion; some having a pointed crest or peak, some having markings such as: cross-cuts, letters, divot holes, tacks or nails left by previous surveyors; some with no markings at all.

Priority of Title ElementsMonumentation – Property Corner Stones (cont.): Because of the unique characteristics of each property corner stone, more detail should be given to locating and describing its position. First, a sketch and description should be made of the property stone. What are its dimensions? How far above the surface does it stand? How far beneath the surface was it found? Is it smooth-sided? Does it have a pointed crest or peak? Does it have any markings that help identify it as the property corner? Are there any markings left on it by previous surveyors? In the event of the property stone having no identifiable markings or features, the general principle of law is to hold the center of the property stone. This is a general principle, however, and, as depicted in “Boundaries and Landmarks”, by A.C. Mulford, sometimes property stones were set with the intention of two sides of the edges of the stone, and sometimes one corner of the stone defining the position of where the boundary lines truly intersect.39 It is for these reasons and traditions that every property stone must be located with detail, and with multiple locations and measurements that define its sides and shape, and its markings; not just its center, and regardless whether or not a previous surveyor left markings on it. Monumentation – Fence Line Evidence: Fence line evidence also needs detail given in the field. What type of fence: wire, board, post and rail, stockade, and height are common descriptions, but also examining the age, purpose, and reputation of a fence40 can be crucial as to whether or not a fence should be used in helping define a boundary line. Through my field experience, generally the oldest fence line evidence was found not above the ground, but just below the surface, and the fence evidence was usually old curly wire, which existed before barbed wire was invented in the 1880’s.41 Also, a fence line typically would wander away from the true boundary line near the center of the boundary line, and then gradually return closer to the boundary line as it neared its end. A fence may be the best evidence of a boundary line or line of possession, but it may only be there for practical use or convenience.42

A court case involving a call for a fence found the following: The deed called: “running in a straight line to a point; then in the same straight line with a fence…” The fence was located and found to be not in a straight line with the previous deed line; the court ruled that the straight line was controlling, not the fence. Fences that are not recited in a description are only one form of evidence to prove boundaries. Taken alone, they do not and cannot constitute a title line. Fences are only one form of evidence of possession.43

Priority of Title ElementsMonumentation – Blazed Trees and Lopped Trees: Another form of boundary line evidence involves blazed trees, which were trees marked near or at boundary corners usually with three notches, one above the other; sometimes on four sides of the tree, sometimes only on the side where the boundary lines would intersect.44 Sometimes, also, a stone would be planted at the base of the tree. This would assist the surveyor in identifying the tree if only the stump remained, and the stone was still embedded with it.45 Sometimes only one notch, or “chip” was made several feet above the ground, with trees on the boundary line, sometimes indicating how the line entered into and left the tree.46 Another form of boundary line evidence is a very old practice by surveyors known as “lopped trees”. A lopped tree typically was a sapling that was on the boundary line, and the surveyor would, at a point several feet above the ground, cut the sapling half through in such a way that it could be bent over parallel to the ground and in the direction of the line. Such a sapling did not die nor did it ever become erect again. Though it might grow to great size, the main trunk was always horizontal or at least showed a double crook. The position of this trunk may indicate half a century later the location and general direction of the line of the early survey.47

Damaging or Removing a Survey Marker: Anyone who willfully obliterates, damages, or removes a survey marker, with the exception of it interfering with the proper use of the property, is guilty of a misdemeanor and on conviction shall be fined not more than $500.48

Rule Against Absurdity: The rule of holding monuments cannot be upheld if holding such monuments leads to an absurd situation.49

Calls for Surveys: A line called for in a deed, whether a line called for of the subject property from a previously recorded deed, or a line called for of the adjoining property from a previously recorded deed, is just as controlling as any natural or artificial boundary. Such a line called for, and verified by researching the prior records of its call, can help determine which property has senior rights if there is a discrepancy between the deeds.

Priority of Title ElementsDirection Over Distance: The general standard is that direction of a boundary line governs its distance, but this rule is not an absolute, and again intention and physical evidence could prove a distance more true to the boundary than a direction. Also, it should be noted, that in some other states, distance is of more priority than direction. Coordinates and Area: Coordinates should only be used as a guide to the position of monumentation or the position of a boundary, not as a substitute for proper evidence; the priority of coordinates is only above the priority of a property’s area, which is an approximation of the size of a property’s limits.

Privity of Contract The laws of foreseability negate any real privity of contract for the land surveyor. Such as the comparison of an automobile maker can foresee that someone other than an automobile dealer will own their automobiles, by judicial decision, a surveyor must foresee that someone other than the initial client could be affected by the survey. In the case Rozny vs. Marnul, a developer retained the services of a surveyor, and the surveyor produced a drawing for the developer. -----The developer sells the subject property to a contractor -----The contractor sells the subject property to a purchaser -----The purchaser builds improvements and finds that they encroach onto the adjoining property -----The purchaser sues the surveyor The court ruled that the surveyor was liable because (1) The surveyor knew that others would utilize the survey (2) The purchaser was innocent (3) A rule like this will promote cautionary techniques by surveyors50

Statute of Repose The Statute of Repose for the profession of Land Surveying in the State of Maryland is 10 years from the Date of Survey, or 3 years from the Date of Discovery, whichever occurs first.

Statute of Limitations The Statute of Limitations for the profession of Land Surveying in the State of Maryland is 3 years from the Date of Discovery.

Adverse Possession “Adultery is a lot like adverse possession – very easy to allege, but very difficult to prove.” -----(Discreetly Anonymous as quoted by James Demma) To establish title by adverse possession, the claimant must: ----Show possession of the claimed property for the statutory period of 20 years Such possession must be: ----Actual ----Open ----Notorious ----Exclusive ----Hostile ----Under a claim of title or ownership ----Continuous or uninterrupted51

Adverse possession is a common law doctrine; only the length of time (20 years) is governed by statute. One may ask for a reason behind such a doctrine. Why would our courts endorse the taking of someone’s land by the possession by one not in title? The courts of England and in this country adopted this doctrine in order to encourage the use of land, and to give some form of equity to a party who had been in possession of a tract of land for a long period of time, and at a time when any witnesses to a possible transaction may be dead or where memories may have faded.52

Adverse Possession An individual or party cannot sue the United States of America or the State of Maryland for adverse possession. Adverse possession claims can only be decided judiciously in a court of law. A claim of adverse possession can be extremely difficult to prove, because all of the criteria must be proven to successfully obtain a judicial decision in favor of the claim.

Enclosure: Although the enclosure of a parcel of land by a claimant, is certainly good evidence of the intent to claim such land, and the enclosure would clearly demarcate its limits, however, in Maryland there does not need to be such an enclosure to claim by adverse possession. Section 10-909(c), Courts and Judicial Proceedings Article, Annotated Code of Maryland, states:

Acts of exclusive user and ownership are admissible to prove possession. Actual evidence of enclosure is not necessary for this proof.53

Tacking: Where there is privity of estate between successive parties in possession the possession of such parties may be tacked one to the other so as to get the required continuity for the prescribed period of time to obtain title by adverse possession.54

Laches: The principle is expressed in the maxim that equity aids the vigilant rather than those who slumber on their rights. The maxim expresses the attitude of equity towards laches and stale claims, and it is by force of this principle that equity refuses to enforce demands which the party has unreasonably delayed in asserting.55

Reputation of Boundary can be an Exception to Hearsay Evidence: Maryland Rule 5-803 states in part as follows: (20) Reputation concerning boundaries or general history. (A) Reputation in a community, prior to the controversy before the court, as to boundaries of, interests in, or customs affecting lands in the community. (B) Reputation as to events of general history important to the community, state, or nation, where the historical events occurred…..56

Adverse PossessionReputation and Hearsay: Reputation is essentially hearsay, but may be allowed to prove the stature of a monument, but an unproven monument, a monument that is not initially correct, cannot be correct, even if it has been used by surveyors. A monument must be proven to be correct, and its intentions originally correct, to be controlling. Monuments and their former positions can be proven by reputation, but title to land can never be proved by reputation or parol evidence. Also, possession has the reputation of being correct survey lines.57

Ejectment Ejectment: This is an action in law for the recovery of land, where the plaintiff must show that he has the title and the right to possess the land, as described in the complaint. An action to try the right to possess a property against one who presently possesses it wrongfully. Where the object of the proceeding is to obtain possession or realty, the remedy is ejectment.58

Trespass Under the common law, there is no right given to anyone, including surveyors, to enter onto someone’s property without their explicit permission, unless by statutory order of the State. The surveyor also has to understand that a property owner who alleges a trespass can seek civil compensation, punitive damages, or have the case prosecuted as a criminal charge.59 It is the general rule that once it has been determined that a trespass has been committed, the trespasser’s responsibility is carried to the consequences for which he is liable and that liability will include all damages proximately caused to the property, although such damage is not the result of any negligent or wrongful act beyond the mere trespass itself.60

Maryland’s law is clear that any wrongful interference with the possession of realty, is a trespass, and every unauthorized entry on the land of another constitutes a trespass.61

Trespass It is also clear that every trespass to real property, no matter how minor, is considered to result in injury for which the wronged party is entitled to at least nominal damages, whether or not the trespass was willful. Punitive damages may be allowed in an action of trespass, as when the wrongful act was willful, wanton, reckless, malicious, or fraudulent, although such damages will not be allowed where there was no element of fraud or malice, or evil intent, or oppression.62

The mere trampling of herbage or grass may be sufficient cause for damages. Any tree or other vegetation that is cut down or damaged from trespass, or without the property owner’s consent, can be a cause for damages, and the person charged with the damages is liable up to three times the value of the tree or vegetation. A tree that exists on a boundary line cannot be taken down without the consent of both property owners; however, the branches which hang from the tree over one of the properties may be removed up to property line, or trunk of the tree. The interest in exclusive possession is not limited to the surfaces; it extends above and below. There is a property right in the air space above land, which may be invaded by overhanging structures, or telephone wires, by thrusting an arm across the boundary line, or by shooting across the land, even though the bullets do not fall upon it.63

Title 12-111, Real Property Article, Annotated Code of Maryland

(a) Right of entry; right to set stakes.- Civil engineers, land surveyors, real estate appraisers, and their assistants acting on behalf of the State or of any or its instrumentalities or any body politic or corporate having the power of eminent domain after every real and bona fide effort to notify the owner or occupant in writing with respect to the proposed entry may:

1. Enter on any private land to make surveys, run lines or levels, or obtain information relating to the acquisition or future public use of the property or for any governmental report, undertaking, or improvement;

2. Set stakes, markers, monuments, or other suitable landmarks or reference points where necessary; and

3. Enter on any private land and perform any function necessary to appraise the property.64

Easements An easement is an interest in land. It is a right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose. An easement is a restriction upon the property rights of the owner of the servient state.65

For an easement to exist, there usually must be two tracts of land, owned by different persons, one tract, called the dominant tenement, having the benefit of the easement, and another tract, called the servient tenement, over which the easement runs. An easement appurtenant is regarded as being so closely connected to the dominant tenement that, upon a sale and deed of such tenement, the easement will pass to the grantee by deed, even though the deed does not specifically mention it. Such an easement is therefore said to run with the land.66

Sometimes a decision must be made as to whether the conveyance of an area of land was in the form of an easement or a fee simple estate, and in those cases the instrument must be construed so as to best effectuate the intention of the parties. In determining the extent of the interest conveyed the instrument is considered as a whole, viewing the language employed in light of all the facts and circumstances of the transaction. That is, a conveyance of right-of-way or for specified uses, conveys an easement only, and not an estate in fee simple.67

“All easements are rights-of-way, but not all rights-of-way are easements!”68

Easements in Gross: An easement in gross resembles an easement appurtenant but there is no dominant tenement. Like an easement appurtenant, an easement in gross is irrevocable. The owner of an easement in gross need not, and usually does not, own any land adjoining that over which the easement exists.69

Creation of an Easement by Express Grant: An express easement cannot be created except in the mode and manner prescribed by the recording statutes. The provisions of the Real Property Article, that no estate above seven years shall pass or take effect unless the deed conveying the same shall be executed and recorded as therein provided, is applicable to deeds creating easements, and grants of, or covenants for easements. That is, an expressed or reserved easement over land must be created in a manner prescribed by the recording statutes. In the absence of either actual knowledge of the easement or constructive notice afforded by recording, a subsequent purchaser of the servient tenement takes title free of the easement and may prevent its use.70

EasementsEasements by Reservation: An easement may be created by a reservation in a conveyance. Any type of easement which could be created by express grant may be created by reservation including an easement of light and air. With both an express grant or a reservation, it must be in writing and signed by the party to be charged, in accordance with the Statute of Frauds.71

Any future alteration of the use made of a private easement which differs from the original use may be prohibited.72

Easements by Implication: Easements in favor of a grantor or a grantee may be created by implication. An implied grant of an easement is based on the principle that everything necessary to the reasonable enjoyment of the grant accompanies it by implication, and the grantor selling property to a purchaser relying on apparent easements cannot deny that the easements pass to the purchaser. Grants of easements by implication are looked on with jealousy and are construed with strictness.73 An easement is apparent if its existence is indicated by signs which must necessarily be seen or which may be seen or known on careful inspection by a person ordinarily conversant with the subject. The implied grant will exist where the necessity of an easement for the benefit of a grantee is apparent to the grantor.74 An implied easement is based on the presumed intention of the parties at the time of the grant or reservation as disclosed from the surrounding circumstances rather than on the language of the deed.75 In situations where all grantees from a common grantor purchased their property with reference to the same plat, which plat delineates access over a street, the courts have ruled that the original grantor intended that subsequent grantees have an easement over that street. An implied easement can be created by a plat reference to assure landowners that they will have access to streets abutting their land by creating an easement to the whole of the street. The conveyance of a lot by deed without reference to the adjoining street is sufficient to create an easement by implication in the grantee to use the street, as shown on the plat, to the nearest public roadway.76

Easements

Easements by Necessity: An easement by necessity is founded on public policy of the State which favors access from land to some public street. Easements by necessity may be implicitly granted or reserved. It may be implicitly granted from the necessity of the situation and it exists only so long as the necessity itself remains.77 In order to establish an easement by necessity, it must be demonstrated that some time in the past the land for the benefit of the way is claimed, and that in which it is claimed, belonged to the same person at the same time. An easement by implication does not arise from an express grant, but from a presumption that it was the intention of the parties that a grantee should have access to his land over the land of his grantor.78 The doctrine of an easement by necessity, being based on public policy, is favorable to the full utilization of land and the presumption that parties do not intend to render land unfit for occupancy. The test of whether one is entitled by implication to an easement over the lands of another as a way of necessity involves the question of reasonable access to the land for the person claiming to be entitled to an easement by necessity.79

Where a grantor conveys a parcel of land which has no outlet to a public highway except over grantor’s remaining land or over the lands of a stranger, a way of necessity over the remaining lands of the grantor is implied. A party is not entitled, however, to a way of necessity by implication if another outlet to a public highway can be secured without unreasonable trouble and expense.80

While it has been held that a way of necessity cannot be implied over the contiguous lands of a grantor when there is access over navigable waters, the more modern view is that a way of necessity may exist over the land of a grantor even though a grantee’s land borders on a waterway, if the water route is not available or suitable to meet the requirements of the uses to which the property would reasonably be put.81

EasementsPrescriptive Easements: Generally, it is held that in order to establish an easement by prescription, it is necessary for the person claiming such a right to show adverse, exclusive, continuous and uninterrupted use of the way for twenty years or more.82 Adverse use does not require an actual controversy in order to exist, but rather, mere use without permission. By exclusive use, the law does not mean that the easement must be used by one person only, because two or more persons may be entitled to the use of the same way, but simply that the right should not depend for its enjoyment upon a similar right in others, and that the party claiming it, exercises such claim, independent of others. It must be, however, exclusive as against the right of the public at large.83

With respect to continuous use, daily use of the right of way is not required, but only that use normally resulting from the nature of the use itself. It is only required that a cessation of use not indicate a voluntary abandonment of the use by the person claiming it.84 As with adverse possession, a party asserting a prescriptive use may, upon proof of privity, establish the use by tacking the period or periods of use by prior owners, or by those in prior possession. One Maryland case stated that, “it is clear that possessions under color of title of the successive predecessors in title may br tacked to complete the twenty year statutory period.”85

One issue that is many times argued in prescriptive easement cases is the question of change in use. It is a general principle of law that the use in an easement established by prescription, implication or express grant may not be expanded or modified in such a manner as to create a different use. One general proposition of the law is that the character and extent of a prescriptive easement are fixed and determined by the user under which it was acquired. No different or materially greater use can be made of such an easement, except by further adverse use for the prescriptive period, or by the acquisition of additional rights in some other manner. Thus, where an easement is established by prescriptive use, it is limited to the actual use. However, a private easement acquired by prescription carries with it such incidents as are necessary to its reasonable enjoyment.86

Easements convey with the land and cannot be terminated by non-use; there must be some written agreement or formal abandonment.87

Cemeteries Absent a court order, a deed to land that contains a burial ground does not pass title free of the claims of the owners of that ground, or anyone who may have an interest therein.88

COMAR: Title 9, DLLR, Chapter 06, Minimum Standards of Practice: .03, Boundary Surveys F.(2)(i)…..Cemeteries and burial grounds found by the surveyor within the premises being surveyed shall be noted on the plat.89

Title 14-121, Real Property Article, Annotated Code of Maryland: (the right of access to a burial site) (a) Definitions – (4) “Person in interest” means a person who: (i) Is related by blood or marriage to the person interred in a burial site. (ii) Has a cultural affiliation with the person interred in a burial site; or (iii) Has an interest in a burial site that the Office of the State’s Attorney for

the county where the burial site is located recognizes is in the public interest after consultation with a local burial sites advisory board or, if such a board does not exist, the Maryland Historical Trust.

(b) Request for access – Restoration, maintenance or viewing. – Any person in interest may request the owner of a burial site or the land encompassing a burial site that has been documented or recognized as a burial site by the public or any person in interest to grant reasonable access to the burial site for the purpose of restoring, maintaining, or viewing the burial site.90

Title 10-402, Criminal Law Article, Annotated Code of Maryland, Removing Human Remains Without Authority: (a) Prohibited. - ...a person may not remove or attempt to remove human

remains from a burial site. ( c) Exception – Notice.- (1) Except as provided in paragraph (4) of this subsection, the State’s Attorney for a county shall require a person who requests authorization to relocate permanently human remains from a burial site to publish a notice of the proposed relocation in a newspaper of general circulation in the county where the burial site is located. (2) The notice shall be published in the newspaper one time.

CemeteriesTitle 10-402, Criminal Law Article, Annotated Code of Maryland, Removing Human Remains Without Authority (cont.):

( c) Exception – Notice. – (3) The notice shall contain: (i) a statement that authorization from the State’s Attorney is being

requested to remove human remains from a burial site; (ii) the purpose for which the authorization is being requested; (iii) the location of the burial site, including the tax map and parcel

number or liber and folio number; and (iv) all known pertinent information concerning the burial site,

including the names of the persons whose human remains are interred in the burial site, if known.

( 4) (i) The State’s Attorney may authorize the temporary relocation of human remains from a burial site for good cause, notwithstanding the notice requirements of this subsection. (ii) If the person requesting the authorization subsequently intends to relocate the remains permanently, the person promptly shall publish notice as required under this subsection. ( 5) The person requesting the authorization from the State’s Attorney shall pay the cost of publishing the notice. ( 6) The State’s Attorney may authorize the removal of the human remains from the burial site after:

(i) receiving proof of the publication required under paragraph (1) of this subsection; and

(ii) 15 days after the date of publication. ( 7) This subsection may not be construed to delay, prohibit, or otherwise limit the State’s Attorney’s authorization for the removal of human remains from a burial site. ( 8) For a known, but not necessarily documented, unmarked burial site, the person requesting authorization for the removal of human remains from the burial site has the burden of proving by archaeological excavation or another acceptable method the precise location and boundaries of the burial site.

CemeteriesTitle 10-402, Criminal Law Article, Annotated Code of Maryland, Removing Human Remains Without Authority (cont.): ( e) Construction of section. – This section may not be construed to:

(1) preempt the need for a permit required by the Department of Health and Mental Hygiene under Title 4-215 of the Health – General Article to remove human remains from a burial site; or

(2) interfere with the normal operation and maintenance of a cemetery, as long as the operation and maintenance of the cemetery are performed in accordance with State Law.

( g) Penalty. – A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.91

Title 10-404, Criminal Law Article, Annotated Code of Maryland, Cemetery – Destroying Funerary Objects; Indecent Conduct: (a) Prohibited – Destruction of funerary object; exception for repair or

replacement. – (1) Subject to the provisions of paragraph (2) of this subsection, a person may not willfully destroy, damage, deface, or remove: (i) an associated funerary object or another structure placed in a

cemetery; or (ii) a building, wall, fence, railing, or other work, for the use, protection,

or ornamentation of a cemetery. ( 2) The provisions of paragraph (1) of this subsection do not prohibit the removal of a funerary object or a building, wall, fence, railing, or other object installed for the use, protection, or ornamentation of a cemetery or burial site, for the purpose of repair or replacement, either at the request of or with the permission of heirs or descendants of the deceased or the owner or manager of the cemetery or burial site.

(b) Prohibited – Destruction of foliage; exception for routine care and maintenance. – (1) Subject to the provisions of paragraph (2) of this subsection, a person may not willfully destroy, damage, or remove a tree, plant, or shrub in a cemetery. ( 2) The provisions of paragraph (1) of this subsection do not prohibit normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, removal of weeds or noxious growths, grass cutting, or other routine care and maintenance.

CemeteriesTitle 10-404, Criminal Law Article, Annotated Code of Maryland, Cemetery – Destroying Funerary Objects; Indecent Conduct (cont.): ( c) Prohibited – Indecent or disorderly conduct. – A person may not engage in indecent or disorderly conduct in a cemetery. ( d) Penalty. – A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a violation of subsection (a) of this section, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and

(2) for a violation of subsection (b) or (c) of this section, imprisonment not exceeding 2 years or a fine not exceeding $500 or both.

( e) Penalty – Payment for restoration. – A person who violates this section shall pay for the restoration of any damaged or defaced real or personal property in a cemetery to the owner of the property or the owner of the cemetery. ( f) Construction of section. – This section does not prohibit the removal of human remains or a funerary object from an abandoned cemetery if:

(1) the removal is authorized in writing by the State’s Attorney of the county in which the cemetery containing the human remains or funerary object is located; and

(2) the human remains or funerary object are placed in an accessible place in a permanent cemetery.92

****************************************************************** When investigating a site of a possible abandoned cemetery, if you are having difficulty finding evidence of the cemetery’s location, please remember that there could also be evidence of the cemetery below the surface of the ground that is not visible on the surface. If you are asked to provide evidence of the cemetery, but cannot find any evidence of it on the surface, make sure to note in your documentations or surveys that your investigation pertains to the surface only, and you cannot certify to any evidence which may still exist beneath the surface without the performance of an archaeological excavation of the area.

Title to Street or HighwayWhere Land Binding on it is Granted

Title 2-114, Real Property Article, Annotated Code of Maryland [Sometimes referred to as the 1892 Statute]

Unless a contrary intention appears in the deed, will, or other instrument, if any deed, will, or other instrument grants or bequeaths land binding on any street or highway, or if any street or highway is one or more of the lines of the land, the deed, will, or other instrument passes to the legatee, donee, or grantee, all the right, title and interest of the testator, donor or grantor in the street or highway. Except that to the extent the testator, donor or grantor owns other land on the opposite side of the street or highway, the deed, will or other instrument passes the right, title, and interest of the testator, donor, or grantor only to the center of that portion of the street or highway on which the two or more tracts coextensively bind.93

This Statute of 1892 generally extends boundary lines of real property to the center of the existing roadbed, where the language and terminology of the deed would correspond; for example, “running to the road”; “running with the road”; “running on or near the center of the road”. However, a surveyor must interpret the language and terminology carefully; courses calling to run along the edge of paving, or to one side of the road must be examined carefully, and in all cases, the calls of the adjoining land on the opposite side of the road must also be examined and verified before a determination can be made as to whether the lines of the boundary run on the center of the road or not. The Statute of 1892 is a very practical and useful statute created to resolve discrepancies, overlaps, and gaps between different tracts of real property where they meet at a street or highway. Naked Fee: The area of land situated between a “lot line” or “right of way line” and the centerline of the road.94

In most counties, the adjoining landowner technically owns to the center of the road. Upon abandonment of the road, the owner would get “full title” out to the center. Care must be taken when dealing with this; some counties actually take fee simple title to the roadbed, as opposed to simply accepting dedication of the right of way.95

Condominium Law A condominium is a vertical rather than a horizontal subdivision of one of the incidents of real property, air space. It is a system of separate ownership of individual units in multi-unit projects. It is a “communal form of estate in property consisting of individually owned units which are supported by collectively held facilities and areas.” However, there are not many areas of the law, especially concerning land planning and development law, that require that the surveyor and the developer’s attorney work together and be in complete concert. The condominium declaration, the bylaws, the rules and regulations, and the condominium plat cannot be prepared without a total integration of thoughts and ideas between the surveyor and the lawyer. The term condominium may be defined generally as a system for providing separate ownership of individual units in multiple-unit developments. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners. In exchange for the benefits of owning property in common, condominium owners agree to be bound by rules governing the administration, maintenance, and use of the property.96

The Sources of Condominium Law for the Surveyor

The primary source for the law of condominiums in Maryland is Title 11, the Maryland Condominium Act, Real Property Article, Annotated Code of Maryland. The Maryland Condominium Act regulates the formation, management, and termination of condominiums in Maryland. In order to get a better understanding of this law, however, decisions by the appeals courts, opinions by the Maryland Office of the Attorney General, the “common custom” and practice of land surveyors, and the certain local ordinances and regulations must all be reviewed. Further, one must know that the practice of land surveying and property line surveying includes the preparation of surveys and drawings for condominium plats. Title 15-101, Business Occupations and Professions, Annotated Code of Maryland.97

Condominium LawTitle 11-105. Condominium plat, the Real Property Article, Annotated Code of Maryland (a) To be filed for record. – When the declaration and bylaws are recorded, the

developer shall record a condominium plat. (b) Required particulars. – The condominium plat may consist of one or more

sheets and shall contain at least the following particulars: 1. The name of the condominium; 2. A boundary survey of the property described in the declaration showing

the location of all buildings on the property and the physical markings at the corners of the property;

3. Diagrammatic floor plans of each building on the property which show the measured dimensions, floor area, and location of each unit in it. Common elements shall be shown diagrammatically to the extent feasible; and

4. The elevation, or average elevation in case of minor variances, above sea level, or from a fixed known point, of the upper and lower boundaries of each unit delineated on the condominium plat.

5. Designation of units. – Each unit shall be designated on the condominium plat by a letter or number, or a combination of them, or other appropriate designation.

( c) Surveyor’s certificate. – A condominium plat or any amendment to a condominium plat is sufficient for the purposes of this title if there is attached to, or included in it, a certificate of a professional land surveyor or property line surveyor authorized to practice in the State that:

1. The plat, together with the applicable wording of the declaration, is a correct representation of the condominium described; and

2. The identification and location of each unit and the common elements, as constructed, can be determined from them.

( d) Amendments or orders of reformation. – 1. Except as provided in paragraph (2) of this subsection or otherwise

provided in this title, the condominium plat may be amended in the same manner and to the same extent as the declaration under Title 11-103 ( c) (1) of this title.

2. (i) The council of unit owners may petition the circuit court in equity for the county in which the condominium is located to correct an improper description of the units or common elements.

Condominium LawTitle 11-105. Condominium plat, the Real Property Article, Annotated Code of Maryland (cont.):

( d) Amendments or orders of reformation. – 2.( ii) The petition may be brought only if: (1) The unit owners, at a special meeting called for that purpose, vote to petition the court to correct a specific error by a vote of at least 66-2/3 percent of the unit owners present and voting at a properly convened meeting;

( 2) The council of unit owners gives notice of the special meeting to each mortgagee of record for the condominium; and ( 3) An opportunity is provided for the mortgagees to speak at the special meeting upon written request to the council of unit owners.

( iii) The court may reform the condominium plat to correct the error or omission as the court considers appropriate, if:

(1) The council of unit owners gives notice of the filing of the petition to each mortgagee and unit owner within 15 days of filing;

(2) The council of unit owners files an affidavit with the court stating that the conditions of subparagraph (ii) of this paragraph have been met;

(3) The council of unit owners proves, by a preponderance of the evidence, that there is an error or omission as provided in subparagraph (i) of this paragraph;

(4) Any mortgagee with an interest in the condominium is permitted to intervene in the proceedings upon filing a motion to intervene as provided in the Maryland rules;

(5) The reformation does not substantially impair the property rights of any unit owner or mortgagee; and

(6) The court issues an order of reformation. ( iv) A final order of reformation may be appealed by any party within 30 days of its issuance. An order of reformation may not be recorded until the appeal period has lapsed or all appeals have been completed.

1. An amendment or order of reformation becomes effective upon recordation in the same manner as the condominium plat. If the condominium is registered with the Secretary of State, the council of unit owners shall file a copy of the reformation amendment with the Secretary of State within 15 days of recordation.98

Condominium LawTitle 11-120. Expanding condominiums, the Real Property Article, Annotated Code of Maryland (a) Developer may reserve right to expand. – A developer may reserve the right

to expand the condominium by subjecting additional sections of property to the condominium regime in a manner so that as each additional section of property is subjected to the condominium regime: 1. The percentage interests in the common elements of the unit owners in

preceding sections shall be reduced and appropriate percentage interests in the common elements of the added sections shall vest in them; and

2. Appropriate percentage interests in the common elements of the preceding sections shall vest in unit owners in the added sections.

(b) Conditions to which reservation subject. – The reservation of the right to expand a condominium is subject to the conditions provided in this subsection. 1. The declaration establishing the condominium shall describe each parcel

of property which may be included in each section to be added to the condominium. This description may be made by reference to the condominium plat.

2. The declaration establishing the condominium shall show: (i) The maximum number of units which may be added; and (ii) The percentage interests in the common elements, the percentage

interests in the common expenses and common profits, and the number of votes appurtenant to each unit following the addition of each section of property to the condominium, if added. The percentage interests in the common elements and in common expenses and common profits, and the number of votes that each unit owner will have may be shown by reference to a formula or other appropriate method of determining them following each expenses of the condominium.

3. The condominium plat for the original condominium shall include, in general terms, the outlines of the land, buildings, and common elements of each successive section that may be added to the condominium.

4. (i) Except as provided in subparagraph (ii) of this paragraph, in the declaration establishing the condominium a right shall be reserved in the developer for a period, not exceeding 10 years from the date of recording of the declaration, to add to the condominium any successive section described in the declaration and in the condominium plat.

Condominium LawTitle 11-120. Expanding condominiums, the Real Property Article, Annotated Code of Maryland (cont.) :

( b) Conditions to which reservation subject. – 4.( ii) In Calvert County, in an existing or new declaration for the new condominium and notwithstanding anything contained in the declaration to the contrary, a right shall be deemed reserved in the developer for a period not exceeding 18 years from the date of recording of the declaration, to add to the condominium any successive section described in the declaration and in the condominium plat. ( c) Recordation of amendments to declaration and plat. –

1. If there is compliance with the conditions of subsection (b) of this section, successive sections of property may be added to the condominium if the developer (i) records an amendment to the declaration, showing the new percentage interests of the unit owners, and the votes which each unit owner may cast in the condominium as expanded, and (ii) records an amendment to the condominium plat that includes the detail and information concerning the new section as required in the original condominium plat.

2. On recordation of the amendment of the declaration and plat, each unit owner, by operation of law, has the percentage interests in the common elements, and in the common expenses and common profits, and shall have the number of votes, set forth in the amendment to the declaration. Following any expansion, the interest of any mortgagee shall attach, by operation of law, to the new percentage interests in the common elements appurtenant to the unit on which it is a lien.99

Condominium LawTitle 11-125. Easements and encroachments, the Real Property Article, Annotated Code of Maryland (a) Presumption as to existing physical boundaries. – The existing physical

boundaries of any unit or common element constructed or reconstructed in substantial conformity with the condominium plat shall be conclusively presumed to be its boundaries, regardless of the shifting, settlement, or lateral movement of any building and regardless of minor variations between the physical boundaries as described in the declaration or shown on the condominium plat and the existing physical boundaries of any such unit or common element. This presumption applies only to encroachments within the condominium.

(b) Encroachment as result of authorized construction or repair. – If any portion of any common element encroaches on any unit or if any portion of a unit encroaches on any common element or any other unit, as a result of the duly authorized construction or repair of a building, a valid easement for the encroachment and for the maintenance of the encroachment exists so long as the building stands.

(c) Easement for mutual support. – An easement for mutual support shall exist in the units and common elements.

(d) Easements included in grant of unit. – The grant or other disposition of a condominium unit shall include and grant, and be subject to, any easement arising under the provisions of this section without specific or particular reference to the easement.

(e) Right of entry to make repairs. – The council of unit owners or its authorized designee shall have an irrevocable right and an easement to enter units to make repairs when the repairs reasonably appear necessary for public safety or to prevent damage to other portions of the condominium. Except in cases involving manifest danger to public safety or property, the council of unit owners shall make a reasonable effort to give notice to the owner of any unit to be entered for the purpose of repair. If damage is inflicted on the common elements or any unit through which access is taken, the council of unit owners is liable for the prompt repair. An entry by the council of unit owners for the purposes specified in this subsection may not be considered a trespass… [This section goes on to state this manner in which various easements can be granted by the condominium association.]100

Condominium Law The 1963 statute concerning condominiums, titled as the Horizontal Property Act, in defining the “Plat of Condominium Subdivision” stated in Title 117A, Article 21, Annotated Code of Maryland, that it meant: “A plat of the entire property described in the master deed [now the Condominium Declaration] as such plat is prepared by a surveyor or registered engineer duly qualified to certify plats for the subdivision of land in the State of Maryland and the affected political subdivision thereof.” Title 127(a), supra, stated that “upon the recording of the master deed or lease, the owner or co-owners shall cause a full and exact copy of the plan of the building to be filed for record…

( b)… Said plans shall show graphically all particulars of the building including the dimensions, area and location of each unit therein and the dimensions, area and location of the common elements affording access to each unit… Said plans shall be certified to by an engineer or architect authorized and licensed to practice his profession in this State.”101

Limited Common Elements

Limited Common Elements are those common elements of a condominium identified in the condominium declaration or on the condominium plat as reserved for the exclusive use on one or more but less than all of the unit owners. Title 11-101 ( c), Real Property Article, Annotated Code of Maryland. However, the condominium documents, which would include the condominium plat, must be prepared with a clear understanding, and without any contradictions, concerning what are intended to be limited common elements as opposed to areas that are intended to be parts of the condominium units themselves, or simply common general elements. Balconies, storage areas, parking spaces, utility and meter rooms, hallways, terraces, and the like, must be clearly labeled and described as being limited common elements in both the condominium declaration and on the condominium plat, if that is the intention of the developer.102

The only signature required on a condominium plat is the signature of the Professional Land Surveyor or Property Line Surveyor. On ordinary subdivision plats, the Owner also is required to sign the plat, but it is not required on condominium plats.

Riparian RightsOwnership of Tidal and Navigable Rivers and Streams

Under the rule of common law which vests title to the beds of tidal rivers in the State of Maryland, where lands are described in a deed as bounded by a navigable river in which the tide ebbs and flows, the presumption is that title extends merely to the water’s edge and that the boundaries of the tract should be drawn along the bank or shore at high-water mark. In Maryland especially, by this common law rule, title to most all navigable waters and to the soil below the mean high-water mark of those waters is vested in the State as successor to the Lord Proprietor, who had received it by grant from the Crown, and so it remains unless it be included in some grant by the State made prior to March 3, 1862. Waters are deemed navigable for these purposes if, and only if, they are subject to the ebb and flow of the tides. The federal test appears to be whether or not the waterway is navigable-in-fact. In Maryland, however, it is not necessary for a stream to be navigable in fact that it be capable of carrying large vessels.103

Territorial Waters: The State of Maryland owns submerged lands along the Atlantic Ocean, from the mean low-water mark out 3 nautical miles in the direction of the ocean.104 The owner of lands adjoining navigable waters is entitled to those lands created by accretion, reliction, or by natural causes. Title to accreted or (filled) lands is just as good and true as title to the fast (original) lands. Accreted or reclaimed land can be used or separated as the owner wishes, but riparian rights are subject to governmental regulations, such as wetlands, pollution, and commerce. Generally speaking, the boundary of the land will move with gradual changes and movements of a waterway; it does not move with sudden changes. Calls for land to bind along non-navigable waters or streams, generally speaking, usually call to bind along the center or thread of the stream; the line equidistant from the edges of its normal flow.105

Riparian Terms

Accretion: The gradual build-up of land generally caused by deposits of silt and sediment.106

Reliction: The gradual recession of the waters of a stream, or other body of water, due to natural causes which expose new land.107

Erosion: The natural loss of soil due to the effects of water movement and pressure. Avulsion: The sudden loss or erosion of land caused by action of the water.108

Thalweg: Usually the line following the deepest part or middle of the bed or channel of a river or stream.109

Meridian Stones andTesting Variation of a Compass

Article 25, County Commissioners, Annotated Code of Maryland, Title 123 It shall be lawful for the county commissioners of each county in the State, if they shall deem it expedient, to cause to be erected at some public spot adjacent to the courthouse of each county two good and substantial stone pillars, one hundred feet distant apart, the one from the other, and upon the same true meridian line. And upon the summit of one of the said pillars there shall be placed a distinctly visible needle point; and upon the summit of the other there shall be erected a hair sight, in such a manner that a straight line passing through the centre thereof and continued until the same shall strike the centre of the needle point upon the other, shall be in and upon the line of the true meridian running north and south, and they shall enclose and protect the same properly; the said pillars and enclosures to be subject to the custody of the county clerk, to be free to the access of any surveyor of lands or civil engineering residing in said county, or engaged in surveying therein, for the purpose of testing the variation of the compass for the time being, and to cause the said meridian line to be verified at any time when required so to do by order of the circuit court for the said county; and furthermore, it shall be lawful for the said county commissioners to cause to be determined the accurate latitude and longitude of the pillars aforesaid, reckoning the latter from the meridian of Washington, and to have the same marked distinctly and legibly in degrees, minutes, seconds, and parts of seconds, on one of the pillars aforesaid.110

Article 25, County Commissioners, Annotated Code of Maryland, Title 124 It shall be the duty of each and every surveyor surveying land in any county of this State that shall adopt the provisions of Title 123 to test and note the actual variation of his compass from the aforesaid true meridian line at least once in every year, and to deposit a copy of the same, with the date and time of such test, accompanying the same with an affidavit verifying its correctness, with the clerk of the county in which he may reside, to be by him recorded in a book kept for that purpose, and every surveyor neglecting or refusing to comply with the provisions of this section shall be liable to a penalty of fifty dollars, to be recovered with costs as debts of like character are recovered in the District Court sitting in the county, to be applied to such county uses as the county commissioners may direct.111

Meridian Stones andTesting Variation of a Compass

Only three of Maryland’s counties actually complied with the 1870 mandate to install the Meridian Stones, and today only Frederick County still has their original Meridian Stones. In April of 2005, members of the Appalachian Chapter of the Maryland Society of Surveyors coordinated their own project to dig up and reset the “South Magnetic” Meridian Stone, which had been disturbed, and was no longer true. The “North Magnetic” Meridian Stone had remained undisturbed for more than 110 years. Today, you can visit the Frederick County Courthouse, in Frederick, Maryland, and view these only remaining original Meridian Stones. A dedication plaque is also positioned next to the “South Magnetic” Meridian Stone. If you do go, remember to take your compass and have it tested for variation!

Boundary Survey : Real World Example I performed a Boundary Survey in Maryland that contained many of the elements described herein regarding the Priority of Title Elements, and valuable real world experience in explaining the survey work to the client, and how to handle a potentially volatile situation between property owners (public welfare). I would like to share the survey that I performed with you here. The names of current landowners and places have been changed for the purposes of this example to respect the privacy of the real landowners, and to keep this example anonymous. It is my hope and intention that this example will be of benefit to future surveyors, and those in the profession who may be just starting to perform and produce their own boundary determinations. Remember that each Boundary Survey is its own enigma; they are unpredictable, they can be fraught with multiple problems, and they can and will cause you to lose sleep at night; but they can also be extremely fun, adventurous, and exciting to solve; you may discover that they can also be examples of some of your finest work as a surveyor, and extremely rewarding when “following in the footsteps”. It is my hope that you will experience the latter during your career. After reviewing this example, if you wish to discuss anything relating to this example, or boundary determinations in general, please feel free to contact me via the contact information at the end of this handout. I am open to discuss any thoughts, ideas, or opinions that you may have. When approached by a potential client about performing a Boundary Survey, whether in person, over the phone, or through email, obtain an understanding of what exactly they want done, and why they need it done. Obtain an understanding of the story behind why they want the survey done. Is it to put up a fence? Is it to build a retaining wall, or other improvements on their property? Is it to plant trees or bushes, or to figure out if an existing tree is on their property or not? Do they need points set on the property lines in addition to the corners, and where exactly do they need them? Do they want a survey done because of a dispute with one or more of their neighbors? The reasons behind the need for a Boundary Survey are extremely important to your client, and will also be important to you as a professional depending on the situation and the reasons. You will also need to explain to your client the necessities of performing the Boundary Survey, and how it involves not only their subject property, but also affects all of the properties that adjoin it. Your client needs to know and understand the importance of, and the amount of work that is necessary in performing a Boundary Survey correctly and diligently.

Boundary Survey : Real World Example In this example, my client is “Clint Eastwood”. By deed, he owns a parcel of ground in Maryland approximately 0.86 acres, more or less. He is most interested in having the southeast side of his property surveyed, so that he can put up a fence on that side. The reasons he has for wanting to put up a fence on that side is to keep his dog from entering his neighbor’s property on that side (Charles Bronson). Mr. Eastwood and Mr. Bronson were previously very friendly with each other, but for unknown reasons, are no longer on good terms. Mr. Eastwood is concerned that if his dog wanders onto Mr. Bronson’s property accidentally, that Mr. Bronson will shoot it. There are various trees along this side which may be considered evidence. The other side of Mr. Eastwood’s property, the northwest side, he is not as concerned with, as that neighbor, Harpo Marx, is friendly, as are Harpo’s brothers, Chico and Groucho, on the next two properties to the northwest, but he would like to have points set on that line as well; there is an existing hedge along this side; Mr. Eastwood is also on good terms with Howard, Fine, and Howard, LLC, an existing horse farm adjoining the rear of his property; there is an existing fence there which appears to run the entire length of the Howard, Fine, and Howard, LLC line. My initial search of the subject property of Mr. Eastwood, measuring with a chain and investigating his corners, resulted in no other evidence found. There were no pipes or pins uncovered as called for in his deed at his rear corners and along the lines near the existing road. I informed Mr. Eastwood that I would have to expand my search to find evidence outside of his property. After requesting permission from the adjoining property owners, I expanded my searches, and I did find evidence on adjoining properties. I located many good pieces of evidence to use, but the one piece of evidence that I most wanted to find was the stone called for at the end of the seventh line of Howard, Fine, and Howard, LLC, which Mr. Eastwood’s property was directly referenced to. Upon my initial search in this vicinity, measuring distances with a chain, I could not recover the stone yet; it was either buried or destroyed; the existing site conditions were an area of open grass within ten feet of a barn structure located on the property of Howard, Fine, and Howard, LLC. I wanted to evaluate the evidence that I did find and locate to help make a better, tighter search for this stone, which in my opinion, was becoming the key that would solve the determination of Mr. Eastwood’s rear property corners.

Boundary Survey : Real World Example

Returned to Find the Missing Stone, and Found More than I Bargained for

I processed the field locations, and began evaluating the evidence. Most of all, I wanted to determine a more precise search-tie for the missing stone to the northwest of Mr. Eastwood’s property. The cross tie distance between the stone found at the beginning of the seventh line of Howard, Fine, and Howard, LLC’s deed, and the iron pipe found on the first line of Howard, Fine, and Howard, LLC’s deed, was 1,264.24’ field vs. 1,264.32’ deed, or 0.08’ short. Howard, Fine, and Howard, LLC’s deed had an error of closure of 0.01’. I had a good feeling, based on the evidence calls from their deed checking so well already, that I could prepare a search-tie based on their deed geometry to find the missing stone. To cover things, I also prepared a search-tie based on the deed geometry from Chico Marx and Groucho Marx, which ended up about 0.6’+/- from the other search tie. I felt confident that this was a tight enough search radius. Upon returning to the Eastwood property the next day to perform my search for the missing stone, I was greeted with some unforeseen circumstances. Over the previous week that had expired since my last site visit, Mr. Bronson had his property surveyed, and there were rebars and caps with stakes set along the property line between Mr. Eastwood and Mr. Bronson, in addition to their common rear corner, and a fence had been installed along the line by Mr. Bronson. I immediately discussed the situation with Mr. Eastwood, who wasn’t pleased that someone else had figured out how to survey the line before I did, which led to questions about why it was taking me longer than the other surveyor. I asked Mr. Eastwood if the other surveyors had found the missing stone that I came to recover; he wasn’t sure, but he didn’t think that they had done anything in that area. I was getting more anxious and worrisome about what the results of my survey would produce if the other surveyor hadn’t found the missing stone. Mr. Eastwood confided in me that he actually was pleased with where the other surveyor had marked the line, and he was also pleased that he would not have to pay to have the fence installed. I proceeded to locate the other surveyor’s rebars and caps, and the new fenceline. I then went to recover the missing stone.

Boundary Survey : Real World Example

Stone Found, No Longer Missing! The area was the same as before, undisturbed; there was no evidence that the other surveyor had recovered the missing stone. I did my search, and found the missing stone! It was a great feeling; the stone was approximately 1.5’ beneath the surface, and bricks had been placed on top of it in the past to protect it from the fill grading around the barn structure nearby. It was exhilarating to find it; to follow in footsteps! I’ve had similar experiences with finding stones on previous surveys, and it is at that moment that you realize that this is what I am meant to do; I am honoring the traditions handed down from my predecessors. It is a wonderful feeling, a great experience; it is my hope that you will all experience this as well during your surveying career. I uncovered the whole top portion of the stone; it was rectangular. I located multiple points of it, the center, the ends, and the corners. The center location ended up being 0.04’ from the search-tie I had prepared with the Howard, Fine, and Howard, LLC deed. I had the key to solving the position of the rear corners of Mr. Eastwood’s property. I showed the stone to Mr. Eastwood and Mr. Fine both (Howard and Howard were not present at the time), so that they knew it was there before I returned the bricks and soil back overtop of it, and I placed a stake on the surface above it, with flagging in the hole with it, coming out of the ground. They were both glad that I had found the stone, and I explained to Mr. Eastwood the importance of finding it; that it was the key to the position of his rear corners. Now I was becoming more concerned with what this new evidence would produce when compared to what the other surveyor had set.

Boundary Survey : Real World ExampleNext Part of Determination: Senior and Junior Rights

The reason why I became so concerned about how my Boundary Survey determination was going to compare with the other surveyor’s was because I knew that Mr. Eastwood, my client, had senior rights to the line between him and Mr. Bronson. Mr. Bronson’s property was a remainder of the larger tract that had once existed; by his own description, Mr. Bronson gets just whatever is left from all of the other parcels being taken out, whatever is remaining. Mr. Eastwood is entitled to everything that his deed describes, with regard to the evidence. I had performed due diligence; I had found both stones at the ends of the seventh line of Howard, Fine, and Howard, LLC’s deed. I had a direct distance call from the stone at the end of the said seventh line to Mr. Eastwood’s rear corners as called in his deed. I assumed that the other surveyor had worked from the other stone at the other end of the said seventh line, and with the rebar found at Mr. Bronson’s other rear corner, but to establish Mr. Bronson’s missing rear corner properly, the other surveyor should have found the stone that I had found, with the direct distance reference to that corner, to ensure that Mr. Eastwood would have what he is supposed to have, by Priority of Title Elements. It appears after evaluating the evidence, that the other surveyor did intend to hold the line from the other stone found at the beginning of the said seventh line, through the rebar found at the other rear corner of Mr. Bronson, and by subtracting the cumulative deed distances from all of the previous takings, use the remaining distance of 203.5’+/- to establish the rear corner of Mr. Bronson and Mr. Eastwood. By comparison, when I established that same corner holding the line between both stones found, and holding the direct distance call of 249.50’ from the stone that I had found, the rebar and cap that the other surveyor set was inside Mr. Eastwood’s property approximately 0.33’ x 0.34’. This may not be great results when thinking in terms of surveying accurately, but in a real world sense, seeing it in actual circumstances, it could have been a lot worse; at least the discrepancy was less than a foot of difference. Now with the rear of the property locked down, I had to determine the rest of it.

Boundary Survey : Real World ExampleDistance Over Direction : Intention of Deeds

The Boundary determination was now becoming even more interesting; Mr. Eastwood’s deed description did not close by 3.32’. Mr. Eastwood also had senior rights over Harpo Marx, his northwestern adjoiner; Mr. Eastwood’s parcel came from Harpo Marx’s original parcel (which was now a remaining parcel), and Harpo Marx’s original parcel did not close by 8.05’! I began by establishing the deed line between Chico Marx and Harpo Marx utilizing the deed description for Chico Marx, which deed closed by 0.01’. I established the rear corner of Chico and Harpo Marx by deed distance from the stone I had found, and proceeded to establish the front corner of Chico and Harpo Marx utilizing the deed angle and distance from Chico Marx’s deed. This established the front corner and property line between Chico and Harpo Marx. When holding the rear corners that I had established from the stone I had found at the end of the seventh line of Howard, Fine, and Howard, LLC.s deed, and applying the deed angles from Harpo Marx’s deed and Mr. Eastwood’s deed, the results of those lines were absurd, and in no way matched any of the evidence found in the field. I proceeded to resolve to establish Harpo Marx’s original parcel, the one Mr. Eastwood came out of. I applied a distance-distance intersection utilizing the original Harpo Marx’s deed distances from the front corner I had established between Chico and Harpo Marx, and the rear corner I had established between Mr. Eastwood and Mr. Bronson. The results were amazing and relieving. This solution fit the other surveyor’s rebars and caps amazingly well for the line between Mr. Eastwood and Mr. Bronson, and it gave weight to the facts of the evidence in the field that in this particular case, the distances called for in the deeds proved best suited to explain the intention of the deeds of Harpo Marx and Clint Eastwood. Furthermore, this result gave Harpo Marx approximately 1.36 acres+/- (deed: 1.34 acres+/- ), and Mr. Eastwood approximately 0.85 acres+/- (deed: 0.86 acres+/-). It was the best case scenario, thankfully. I went back to set the points to establish the line between Mr. Eastwood and Harpo Marx. I gave Mr. Eastwood a copy of his Boundary Survey, and explained to him the minor discrepancies between the results of the surveys between him and Mr. Bronson. The results were that all involved ended up happy; but there was a possibility until the results were made, that this could have ended up the other way. Thankfully, it ended up well for everyone involved.

Boundary Survey : Real World Example

Follow Up After Survey Completed

This Boundary Survey did have a good outcome. The evaluation of the evidence, together with the understanding of the Priority of Title Elements, provided a result which satisfied all parties involved. This Boundary Survey could have had a different result, however. The fact that two different surveyors, working from two different directions toward the same line, and determining that line differently, came up with essentially the same result, was truly a blessing when it could have easily been a disaster instead. I do believe that if multiple surveyors were presented with this situation, there could probably be just as many multiple different determinations and opinions; what stuck with me, and I was very thankful for, was knowing how potentially volatile the situation between Mr. Eastwood and Mr. Bronson was, and fortunately, gratefully, my determination resulted in all parties being satisfied. A possibly bad situation was averted, and I felt that I had performed due diligence in my responsibility to protect the public welfare, and honor the property rights of the property owners involved. Personally, I feel that the good outcome of this survey, in a certain way, was a reward from above for performing due diligence, following in the footsteps and finding that stone, and honoring the interests of the public welfare. After the completion of this Boundary Survey, I reached out to the other surveying company, first with a phone call, then with a follow-up email, and I shared my Boundary Worksheet with them. I explained in the email my determination, even though the Boundary Worksheet was self-explanatory. I usually do this any time I encounter another surveyor’s work, and there may be a discrepancy with my determination. I always maintain professionalism and remain courteous with fellow surveyors, regardless of the discrepancies in determinations, and offer my Boundary Worksheets and explain my determinations willfully, even if the other surveyor does not respond or reciprocate at all. I believe it is also due diligence to follow up in this manner, and it is ethically sound to share your work with your fellow surveyor, barring any possible legal conflicts, or demands to consider from your client. Common sense will dictate that situation. I never received any response from the other surveying company about that Boundary Survey; perhaps they were just as glad of the outcome, and figured to just let it lie; perhaps they just didn’t want to respond; in any event, I performed due diligence, and because of that, I can sleep well.

• COMAR Regulations•

• Title 09 Subtitle 13 – Board for Professional Land Surveyors• Annotated Code of Maryland

•• 09.13.01.00

• Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

• Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

• Chapter 01 Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying

• Authority: Business Occupations and Professions Article, §§15-205 and 15-208, Annotated Code of Maryland

• 09.13.01.01

• .01 Definitions.

• A. In the Code of Ethics, the following words have the meaning indicated.

• B. Terms Defined.

• (1) "Board" means the Board for Professional Land Surveyors.

• (2) “Licensee” means any person holding a license issued by the Board as a professional land surveyor or a property line surveyor.

• 09.13.01.02

• .02 Responsibility to the Public.

• In the performance of a licensee’s professional duties, the licensee shall make every reasonable effort to protect the safety, health, property, and welfare of the public. If the licensee’s professional judgment is overruled under circumstances in which the safety, health, property, or welfare of the public is endangered, the licensee shall inform the licensee’s employer or client of the possible consequences.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.01.03

.03 Public Statements, Reports, and Testimony.

A. A licensee may not make statements or reports, or give expert testimony, on land-surveying matters connected with public policy, if the licensee’s remarks are inspired by or paid for by an interested party, unless the licensee precedes the remarks by identifying himself or herself, by disclosing the identity of the party on whose behalf the licensee is speaking, and by revealing the existence of any pecuniary interest the licensee has in the matter.

B. A licensee may express publicly a professional opinion on a land-surveying subject only when that opinion is founded upon adequate knowledge of the material facts and a background of technical competence in the subject matter.

C. In a professional report, statement, or testimony, a licensee may not be untruthful or deceptive.

09.13.01.04

.04 Competency for Assignments Undertaken or Approved.

A. A licensee may undertake or perform land-surveying assignments only when qualified to do so by education or experience, or both, in the specific field of land surveying involved.

B. A licensee may affix the licensee’s signature or seal to land surveying documents only if:

(1) The licensee is competent in the subject matter of those documents by virtue of education or experience, or both; and

(2) The documents were prepared under the licensee’s direction as principal by an employee or an associate competent in the subject matter of those documents by virtue of education or experience, or both.

09.13.01.05

.05 Conflicts of Interest.

A. A licensee shall avoid conflicts of interest with the licensee’s employer or client. Whenever conflicts of interest appear unavoidable, however, the licensee shall disclose promptly and fully all the circumstances to the employer or client.

B. A licensee shall promptly inform the licensee’s employer or client of any business association, interests, or circumstances which may influence the licensee’s judgment or the quality of services to the licensee’s employer or client.

C. A licensee may not accept compensation, financial or other, from more than one party for services on a project or for services pertaining to a project, unless the licensee makes full disclosure to all interested parties.

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.01.05 (cont.)

D. A licensee may not solicit or accept financial or other valuable consideration from any material supplier or equipment supplier for specifying the supplier's products, except when the licensee is a previously announced employee or agent of the supplier.

E. A licensee may not solicit or accept gratuities, directly or indirectly, from any contractor, architect, engineer, professional land surveyor or property line surveyor, or other party dealing with the licensee’s employer or client in connection with work for which the licensee is responsible.

09.13.01.06

.06 Improper Solicitation of Professional Employment.

A. Other than the usual commissions paid to licensed employment agencies, a licensee may not compensate, give anything of value, or offer to compensate or give anything of value, as follows:

(1) To a person or organization to recommend or secure the licensee’s employment as a professional land surveyor or a property line surveyor; or

(2) As a reward for having made a recommendation resulting in the licensee’s employment as a professional land surveyor or a property line surveyor.

B. When competing for professional employment, a licensee may not falsify or permit misrepresentation of the licensee’s qualifications or those of the licensee' associates.

C. An employed licensee may not solicit or accept other employment to the detriment of the licensee’s regular work or the interests of the licensee’s employer.

09.13.01.07

.07 Knowledge of Improper Conduct by Others.

Except to the extent the rules of privilege may apply, when questioned by any member or authorized representative of the Board concerning any alleged violation of another person or organization, a licensee may not conceal or refuse to divulge information that the licensee may have, or make false or misleading statements about the matter.

09.13.01.08

.08 Licensees’ Designation.

A licensee may not use any designation after the licensee’s name on any business communication which misleads the public as to whether the licensee is a professional land surveyor or a property line surveyor

COMAR Regulations• Title 09 Subtitle 13 – Board for Professional Land Surveyors

• Annotated Code of Maryland

• 09.13.01.09

• .09 Failure to Respond.

• A. An applicant or licensee shall respond in writing to a written communication from the Board within 30 days of the date of mailing.

• B. The Board shall send a written communication by first-class mail to the last known address furnished to the Board by an applicant or licensee.•• C. It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in applicant’s or licensee’s address.•• D. Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §15-

317(a)(1)(v), Annotated Code of Maryland.•• 09.13.01.9999

• Administrative History

• Effective date: December 30, 1977 (4:27 Md. R. 2106)

• Regulation .01B amended effective May 8, 2017 (44:9 Md. R. 437)

• Regulation .02 amended effective May 8, 2017 (44:9 Md. R. 437)

• Regulation .03 amended effective May 8, 2017 (44:9 Md. R. 437)

• Regulation .04 amended effective May 8, 2017 (44:9 Md. R. 437)

• Regulation .05 amended effective May 8, 2017 (44:9 Md. R. 437)

• Regulation .06 amended effective May 8, 2017 (44:9 Md. R. 437)

• Regulation .07 amended effective May 8, 2017 (44:9 Md. R. 437)

• Regulation .08 adopted effective May 6, 1985 (12:9 Md. R. 810)

• Regulation .08 amended effective May 8, 2017 (44:9 Md. R. 437)• Regulation .09 adopted effective October 20, 2008 (35:21 Md. R. 1824)• Regulation .09 amended effective December 17, 2018 (45:25 Md. R. 1205)

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.02.00

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Chapter 02 Hearing Regulations

Authority: Business Occupations and Professions Article, §§15-208(a) and 15-320, Annotated Code of Maryland

09.13.02.01

.01 Hearings Before the Board.

A. Except as otherwise provided in §§B and C of this regulation, all contested case hearings before the Board shall be governed by COMAR 09.01.02.

B. The administrative unit shall send the hearing notice described in COMAR 09.01.02.07B:

(1) At least 30 days before the hearing; or

(2) If the parties have agreed to a date for which 30 days notice cannot be given, at the earliest time possible.

C. During the hearing, the presiding officer may recognize members of the Board or counsel to the Board to ask questions of witnesses or of counsel.

D. The Board may call witnesses of its own or recall witnesses to elicit facts or opinions.

09.13.02.02

.02 Hearings Delegated to the Office of Administrative Hearings.

All contested case hearings delegated to the Office of Administrative Hearings shall be governed by COMAR 09.01.03.

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.02.03

.03 Complaint Committee.

A. The presiding officer shall appoint one professional Board member and one consumer Board member to constitute the complaint committee.

B. The complaint committee shall:

(1) Review all complaints filed with the Board; and

(2) Make a recommendation to the full Board on the disposition of each matter.

C. Before making a recommendation on a complaint, the complaint committee may request that the Department perform an investigation to obtain additional information. After receipt of this information, the committee shall make a recommendation to the full Board.

09.13.02.9999

Administrative History

Effective date: August 25, 1978 (5:17 Md. R. 1328)

Regulations .01 and .02 General Hearing Regulations repealed and new Regulations .01—.03 Hearing Regulations adopted effective August 4, 2003 (30:15 Md. R. 991)

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.03.00

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Chapter 03 Survey Markers

Authority: Business Occupations and Professions Article, § 15-208, Annotated Code of Maryland

09.13.03.01

.01 Purpose.

The purpose of these regulations is to promulgate minimum standards for survey markers set by all licensees that will insure the permanency of the marker and allow for easy identification of the licensee responsible for setting the marker.

09.13.03.02

.02 Marker Specifications.

A. All licensees shall use a survey marker made of durable material that will activate a magnetic detector.

B. The material for a survey marker may include any one of the following:

(1) Iron pipe;

(2) Iron rod;

(3) Rebar;

(4) Impregnated plastic stake; or

(5) Concrete monument.

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.03.03

.03 Marker Identification.

A. The top of all survey markers, described in Regulation .02, of this chapter, set by a licensee or a permit holder shall have a legible inscription that identifies the licensee or a permit holder responsible for setting the survey marker.

B. The top of all survey markers, described in Regulation .02, of this chapter, set by a licensee or a permit holder shall have a legible inscription stating the words "Property Marker" or the abbreviations "Prop. Mark." or "Prop. Mkr.".

09.13.03.04

.04 Existing Natural Markers.

A. All licensees shall put an identifying mark on all existing objects that serve as markers for property corners.

B. The identifying mark may include any one of the following:

(1) Drill hole;

(2) Cross cut;

(3) Square cut;

(4) Spike;

(5) P.K. nail; or

(6) Lag bolt.

C. All licensees shall describe the identifying mark in any legal description or plat prepared by the licensee.

09.13.03.9999

Administrative History

Effective date: January 1, 1984 (10:16 Md. R. 1453)

Regulation .03 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .03B amended effective January 1, 1984 (10:24 Md. R. 2188)

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.04.00

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Chapter 04 Disciplinary Actions

Authority: Business Occupations and Professions Article, §15-208(a), Annotated Code of Maryland

09.13.04.01

.01 Definitions.

A. For purposes of Business Occupations and Professions Article, §15-318(5), Annotated Code of Maryland, the following terms have the meanings indicated.

B. Terms Defined.

(1) Gross Negligence.

(a) "Gross negligence" means a wrongful act or omission, more culpable in nature than simple inadvertence or mistake, characterized by disregard of the property rights of others. It is conduct which constitutes substantial departure from the standard of care required of professional land surveyors or property line surveyors.

(b) "Gross negligence" includes but is not limited to:

(i) Knowingly or recklessly preparing a plat or other survey document which fails to protect the rights of interested parties where the surveyor knew those rights existed;

(ii) Knowingly or recklessly failing to provide minimal supervision of employees engaged in surveying work;

(iii) Knowingly or recklessly preparing a plat or other survey document which, if properly relied upon, could lead to serious injury to persons or property.

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.04.01 (cont.)

(2) "Incompetence" means:

(a) Physical or mental incapacity; or

(b) Engaging in conduct which evidences a lack of proficiency, learning, ability, skill, or fitness necessary to perform regular duties, tasks, and functions of a professional land surveyor or property line surveyor in a reasonably effective, professional, and competent manner.

(3) Misconduct.

(a) "Misconduct" means conduct by a professional land surveyor or property line surveyor which violates the standards of integrity of the profession.

(b) "Misconduct" includes but is not limited to:

(i) Violating the Code of Ethics set out in COMAR 09.13.01;

(ii) Expressing an opinion publicly on a land surveying subject without being informed as to the facts relating to it and being competent to form a sound opinion on it;

(iii) Being untruthful, deceptive, or misleading in any professional report, statement, or testimony whether under oath, or omitting relevant and pertinent information from the report, statement, or testimony when the result of an omission would or reasonably could lead to a fallacious conclusion on the part of the client or the general public;

(iv) Performing a land surveying assignment when not qualified by training or experience in the type of land surveying involved;

(v) Affixing a signature and seal to any land surveying plan or document in a subject matter over which the licensed professional land surveyor or property line surveyor lacks competence by virtue of inadequate training or experience and familiarity;

(vi) Offering directly or indirectly any bribe or commission to obtain selection or preferment for a land surveying employment with the exception of the payment of the usual commission for securing salaried positions through licensed employment agencies;

(vii) Soliciting or accepting gratuities directly or indirectly from contractors, their agents, or other parties dealing with the registered land surveyor's client or employer in connection with work for which the licensed professional land surveyor or property line surveyor is responsible;

(viii) Use by a licensed professional registered land surveyor or property line surveyor of the surveyor's land surveying expertise or professional land surveying status, or both, to commit a crime;

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.04.01 (cont.)

(ix) Affixing a surveyor's seal or signature, or both, to drawings, plats, or other documents required to be sealed pursuant to Business Occupations and Professions Article, §15-502, Annotated Code of Maryland, when the document has not been personally prepared by the registered land surveyor or prepared under the surveyor's responsible supervision, direction, and control;

(x) Knowingly associating with or permitting the use of the surveyor's name or firm name in a business venture with a person or firm which the surveyor knows or has reason to believe is engaging in business or professional practices of a fraudulent or dishonest nature;

(xi) Failing to present immediately information to the Board if a licensed professional land surveyor or property line surveyor has knowledge of or reason to believe that a person or firm is guilty of violating any of the provisions of Business Occupations and Professions Article, Title 15, Annotated Code of Maryland, or any of these rules of professional conduct.

09.13.04.9999

Administrative History

Effective date: March 18, 1991 (18:5 Md. R. 594)

Regulation .01B amended effective January 24, 2000 (27:1 Md. R. 74)

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.05.00

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Chapter 05 Fees

Authority: Business Occupations and Professions Article, §§15-101, 15-207—15-209, 15-306, 15-307, 15-307.1, 15-311, 15-312, 15-314—15-316, 15-321, 15-403, 15-404, and 15-406; Business Regulation Article, §§2-106, 2-106.1, and 2-106.2; Annotated Code of Maryland

09.13.05.01

.01 Purpose.

This chapter is intended to carry out the provisions of Business Regulation Article, §§2-106.1 and 2-106.2, Annotated Code of Maryland, and Business Occupations and Professions Article, Title 15, Annotated Code of Maryland. In particular, it is intended to set various fees in order to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Architects, the State Board of Certified Interior Designers, the State Board of Examiners of Landscape Architects, the State Board for Professional Engineers, and the State Board for Professional Land Surveyors.

09.13.05.02

.02 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) "Board" means the State Board for Professional Land Surveyors.

(2) "Design boards" means collectively the:

(a) State Board of Architects;

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.05.02 (cont.)

(b) State Board of Certified Interior Designers;

(c) State Board of Examiners of Landscape Architects;

(d) State Board for Professional Engineers; and

(e) Board.

(3) "License fee" means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal of a license and the issuance of a reciprocal license.

(4) "Permit fee" means the fee paid in connection with the issuance and renewal of a permit.

(5) "Secretary" means the Secretary of Labor, Licensing, and Regulation.

09.13.05.03

.03 Fees and Costs.

A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:

(1) License fee — $76.50;

(2) Permit fee — $100;

(3) Nonrefundable initial application fee payable in connection with:

(a) An application for permit — $35;

(b) An application for license by reciprocity — $50;

(4) Reinstatement fee — $100;

(5) Verification fee — $20;

(6) Replacement license certificate fee — $35.

B. An applicant for the appropriate licensing examination shall pay the following examination fees directly to the Board or its designee, as these fees are established by the National Council of Examiners of Engineers and Surveyors:

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.05.03 (cont.)

(1) Fundamentals of Land Surveying — $225;

(2) Principles and Practice — $250.

C. An applicant shall pay $35 to the Board or its designee in connection with the Maryland Law and Ethics Issues portion of the examination.

D. An applicant shall pay $35 to the Board or its designee in connection with the Maryland Storm Drain and Road Grade portion of the examination.

E. An applicant approved by the Board to take the appropriate licensing examination, and for whom the Board ordered appropriate examination materials, is not entitled to a refund of applicable fees paid under §B, C, or D of this regulation. An applicant who notifies the Board of the applicant's election not to take the appropriate licensing examination before the Board orders appropriate examination materials is entitled to a refund of applicable fees under §B, C, or D of this regulation.

F. An applicant for the appropriate licensing examination shall pay to the Board or its designee the testing service fee of $60 in connection with the testing services.

09.13.05.04

.04 Retired Status License.

The Board sets the following fees in connection with a retired status license:

A. Retired status license fee — $25;

B. Reactivation from retired status fee — $100 for each lapsed licensing period, but not to exceed $300.

09.13.05.9999

Administrative History

Effective date: August 16, 1993 (20:16 Md. R. 1277)

Regulation .01A amended effective December 18, 1995 (22:25 Md. R. 1961)

Regulation .01 repealed and new Regulation .01 adopted as an emergency provision effective September 5, 1997 (24:20 Md. R. 1401); adopted permanently effective January 26, 1998 (25:2 Md. R. 76)

Regulation .01 amended as an emergency provision effective December 18, 1998 (26:2 Md. R. 103); amended permanently effective May 3, 1999 (26:9 Md. R. 730)

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.05.9999 (cont.)

Regulation .01 amended as an emergency provision effective February 25, 2000 (27:7 Md. R. 703); emergency status expired August 22, 2000; amended permanently effective October 30, 2000 (27:21 Md. R. 1975)

Regulation .01A, B amended as an emergency provision effective December 11, 2000 (27:26 Md. R. 2354); amended permanently effective April 30, 2001 (28:8 Md. R. 759)

Regulation .01 repealed and new Regulations .01—.03 adopted as an emergency provision effective July 1, 2003 (30:14 Md. R. 932); adopted permanently effective November 10, 2003 (300:22 Md. R. 1578)

Regulation .03A amended effective April 9, 2007 (34:7 Md. R. 697); November 1, 2010 (37:22 Md. R. 1553); January 6, 2014 (40:26 Md. R. 2162)

Regulation .03B amended effective May 10, 2004 (31:9 Md. R. 712); July 31, 2006 (33:15 Md. R. 1280)

Regulation .03B amended as an emergency provision effective April 13, 2008 (35:9 Md. R. 891); amended permanently effective July 17, 2008 (35:14 Md. R. 1246)

Regulation .03B amended effective November 25, 2013 (40:23 Md. R. 1933)

Regulation .03F amended effective July 31, 2006 (33:15 Md. R. 1280)

Regulation .04 adopted as an emergency provision effective October 1, 2003 (30:23 Md. R. 1650); adopted permanently effective March 1, 2004 (31:4 Md. R. 314)

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.00

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Chapter 06 Minimum Standards of Practice

Authority: Business Occupations and Professions Article, §15-208(b)(4), Annotated Code of Maryland

09.13.06.01

.01 Purpose.

A. In the general interest of the public, these standards are promulgated to set forth the minimum acceptable level of performance to be exercised by all individuals practicing professional land surveying and property line surveying in Maryland.

B. If anything contained in these regulations conflicts with other federal or State requirements, the more stringent requirements shall be followed.

09.13.06.02

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "As-constructed survey" has the meaning stated in Regulation .07 of this chapter.

(2) "Bench mark" means an identifiable stable reference point established as a record for future use or reestablishment of the elevation datum of a survey requiring vertical data.

(3) "Boundary survey" has the meaning stated in Regulation .03 of this chapter.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.02 (cont.)

(4) "Consumer" means a property owner or a prospective property owner, as the case may be, for whose benefit surveying services are performed.

(5) "Date" means the date of the latest field work.

(6) "Licensee" means:

(a) A professional land surveyor as stated in Business Occupations and Professions Article, §15-101(l), Annotated Code of Maryland; or

(b) A licensed property line surveyor as stated in Business Occupations and Professions Article, §15-101(g), Annotated Code of Maryland.

(7) "Metes and bounds description" has the meaning stated in Regulation .08 of this chapter.

(8) "Monument" means an identifiable object or marker which physically identifies the location of property division lines or other survey points on the ground.

(9) "Planimetric survey" has the meaning stated in Regulation .05 of this chapter.

(10) "Plat" means a drawing prepared at an appropriate scale to show the results of the findings and conclusions of a survey.

(11) “Relative positional precision” means the length of the semi-major axis expressed in feet or meters, of the error ellipse representing the uncertainty due to random errors in measurements in the location of the property evidence, marking any corner of the surveyed property relative to the property evidence, and marking any other corner of the surveyed property at the 95 percent confidence level (two standard deviations).

(12) "Right of way/easement survey" has the meaning stated in Regulation .09 of this chapter.

(13) "Special purpose survey" has the meaning stated in Regulation .10 of this chapter.

(14) "Survey" means the process of conducting research, performing field measurements and observations, and applying mathematical principles to determine or obtain the data necessary to record, display, or indicate, or all of these, land boundaries, land areas, and the position and characteristics of any natural or artificial, or both, features on or near the surface of the earth.

(15) "Survey marker" means, within the meaning of COMAR 09.13.03, an identifiable point, object, or mark which physically identifies the location of any point utilized or established to fix the position of a survey control station.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.02 (cont.)

(16) "Surveyor" means:

(a) A professional land surveyor as stated in Business Occupations and Professions Article, §15-101(l), Annotated Code of Maryland;

(b) A licensed property line surveyor as stated in Business Occupations and Professions Article, §15-101(g), Annotated Code of Maryland; or

(c) An individual otherwise authorized to practice professional land surveying or property line surveying under Business Occupations and Professions Article, §15-303, Annotated Code of Maryland.

(17) "Topographic survey" has the meaning stated in Regulation .04 of this chapter.

(18) "Witness monument" means an identifiable point, object, or marker offset from the position of a survey marker, boundary point, or line which is used for the purpose of identifying the position of the survey marker, boundary point, or point on line through the use of distance measurements or angular measurements, or both.

09.13.06.03

.03 Boundary Surveys.

A. Purpose.

(1) The boundary survey is a means of marking boundaries for sufficient definition and identification to uniquely locate each lot, parcel, or tract.

(2) The purpose of a boundary survey is to establish, reestablish, or describe, or all of these, the physical position and extent of the boundaries of real property.

B. Result. Unless otherwise directed by the party requesting the survey, sufficient monuments or reference control points which were used to determine the property lines shall be:

(1) Set or recovered on the ground, to the extent feasible; and

(2) Shown on a plat upon completion of the boundary survey so that the property lines can be determined or readily reestablished.

C. Research and Investigation.

(1) The surveyor shall be provided by the party requesting the survey with copies of public records and private records, if any, in sufficient scope and depth that a surveyor of ordinary prudence and skill may consider in identifying with reasonable certainty the following:

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.06.03 (cont.)

(a) The location of the property's record boundaries, so long as the information exists in the public records and is properly indexed; and

(b) Conflicting record property boundary line locations which may differently locate the property's boundaries.

(2) The surveyor shall make a reasonable effort to identify, locate, and review private survey records which are cited in the provided public records and which may:

(a) Be material in locating the property's boundaries,

(b) Have the potential for disclosing conflicting descriptions of the property's boundaries, or

(c) Affect the location of the property's boundaries.

D. Monumentation. In providing appropriate monumentation for boundary surveys, a surveyor shall comply with the minimum standards for survey markers set forth in COMAR 09.13.03.

E. Field Procedures.

(1) Field measurements shall be made by methods that will provide the precision required by this regulation.

(2) Observable physical evidence, including boundary, possession, visible encroachments, and visible indications of rights, including evidence of recorded servitudes or those that may be acquired by prescription or adverse possession, shall be located.

F. Plats.

(1) An original plat of a boundary survey shall be a reproducible drawing at a suitable scale, clearly indicating the results of the field work, computations, research, and record information, as compiled, checked, and analyzed.

(2) A plat shall be prepared in conformity with the following procedures:

(a) A reasonably stable and durable drawing paper, linen, or film of reproducible quality, is considered suitable material for boundary survey plats;

(b) Plats may not be smaller than 8-1/2 x 11 inches;

(c) Dimensions, bearings, or angles, including sufficient data to define curves, shall be neatly and legibly shown with respect to each property boundary line;

(d) Markers shall be labeled as "found" or "set", with a brief description of the marker and relevant reference markers, if any, along with their spatial relationship to the subject corner;

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.06.03 (cont.)

(e) Relevant natural or artificial visible features shall be labeled, dimensioned, and referenced to the nearest property boundary line or represented by a symbol on the plat in its proper location, and each symbol shall clearly indicate what is represented or shall be labeled for identification either individually or in a separate key to symbols;

(f) Plats shall show a north arrow;

(g) A statement indicating the origin and method of determination of the bearings or coordinate system shall be made on a plat, and shall include one of the following:

(i) A reference to true north, as determined by astronomic observation;

(ii) A reference to the Maryland Coordinate System with the controlling stations and a combination factor comprised of an elevation factor and a scale factor noted;

(iii) A reference to a local coordinate system with the controlling stations listed;

(iv) A reference to the record bearing of a well-established line found monumented on the ground, as called for in a relevant deed or plat; or

(v) If the above alternatives in this paragraph are not practical, a dated magnetic bearing may be used;

(h) If separate intricate details or inserts are required for clarity, they shall be properly referenced to the portion of the plat where they apply, particularly in areas where:

(i) Lines of occupation do not conform to the deed lines; and

(ii) A comparison of adjoining properties' deed descriptions indicates the existence of a gap or an overlap;

(i) Cemeteries and burial grounds found by the surveyor within the premises being surveyed shall be noted on the plat;

(j) All relevant evidence of monuments found beyond the subject tract, on which establishment of the corners of the subject tract are dependent, and their application related to the survey shall be indicated;

(k) Different line weights or delineating letters or numbers shall be used to clearly show the limits of the survey; and

(l) Evidence of any easements, servitudes, or uses burdening the surveyed property, whether or not disclosed in the record documents provided to the surveyor, observed in the process of conducting the survey.

(3) In addition to the criteria set forth in §F(2) of this regulation, each plat shall show the following:

(a) Caption or title and general location of the property or a vicinity map;

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.03 (cont.)

(b) Scale;

(c) Date;

(d) Land area;

(e) Name and address of the surveyor or firm;

(f) A statement to the effect that a licensee either personally prepared a boundary survey or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter; and

(g) Seal and signature of the surveyor who personally prepared or was in responsible charge over the preparation of the boundary survey.

G. Accuracy Standards.

(1) The maximum allowable relative positional precision for boundary surveys shall be 0.07 feet (or 2 centimeters) plus 50 parts per million, based on the direct distance between the two corners being tested.

(2) The surveyor shall ascertain that the positional uncertainties resulting from the survey measurements do not exceed the allowable relative positional precision.

(3) If the size or configuration of the property to be surveyed or the relief, vegetation, or improvements on the property will result in survey measurements for which the relative positional precision will exceed the allowable amount, the surveyor shall add a note to a survey explaining the site conditions that necessitated the deviation from the relative positional precision.

(4) The surveyor shall, to the extent necessary to achieve the standards set forth in §G of this regulation, compensate or correct for systematic errors, including those associated with instrument calibration.

(5) The surveyor shall use appropriate error propagation and other measurement design theory to select the proper instruments, field procedures, geometric layouts, and computational procedures to control and adjust random errors to achieve the allowable relative positional precision tolerance.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.04

.04 Field Run Topographic Surveys.

A. Purpose. The purpose of a field run topographic survey is to locate, describe, or map, or all of these, the elevations and positions of the physical features and characteristics of the surface of the earth including spot elevations, contours, and other features.

B. Result.

(1) The results of a topographic survey shall clearly show the results of the field and office work and shall be presented, depending on the type of professional services requested, in the form of:

(a) A plat;

(b) A worksheet;

(c) Raw data; or

(d) Adjusted data.

(2) Plats are intended for a release as stand-alone products. Worksheets and raw data are intended as components to be included in other surveying or engineering documents and are not intended as stand-alone products. Worksheets and raw data are not required to comply with this regulation.

C. Field Procedures.

(1) Field work shall be performed in accordance with accepted surveying theory, practice, and procedures as specified in this section.

(2) A surveyor in responsible charge shall adhere to the following procedures:

(a) The vertical datum of a topographic survey shall run from a known bench mark, if possible, or as otherwise specified in the scope of survey services for the project;

(b) A closed level loop, where practical, shall run through or include a second established bench mark to confirm the vertical datum;

(c) A minimum of one bench mark shall be established on or near the surveyed site;

(d) Topographic data may be obtained based on an assumed vertical datum, if the base elevation of the datum is obviously different than the existing datum, and if the final document clearly indicates that the data was obtained based on an assumed vertical datum; and

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.04 (cont.)

(e) Field data satisfying the requirements of these regulations shall be gathered, and the surveyor shall make a reasonable effort to maintain the data.

D. Plats.

(1) An original plat of a topographic survey shall be a reproducible drawing at a suitable scale clearly indicating the results of the field work, computations, research, and record information as compiled, checked, and analyzed.

(2) A plat shall be prepared in conformity with the following procedures:

(a) A reasonably stable and durable drawing paper, linen, or film of reproducible quality is considered suitable material for topographic survey plats;

(b) Plats may not be smaller than 8-1/2 X 11 inches;

(c) The source of the vertical datum shall be noted on the plat;

(d) Relevant natural or artificial visible features shall be labeled and represented by a symbol on the plat in its proper location, and each symbol shall clearly indicate what is being represented or shall be labeled for identification either individually or in a separate key to symbols;

(e) Plats shall show a north arrow;

(f) A statement indicating the source of the bearings shall be made on the plat;

(g) The source of a coordinate system, if used on the plat, shall be identified;

(h) A description and the elevation of a minimum of two bench marks established on or near the site for the survey shall be indicated on the plat;

(i) Cemeteries and burial grounds found by the surveyor within the premises being surveyed shall be noted on the plat;

(j) Different line weights or delineating letters or numbers shall be used to clearly show the limits of the survey; and

(k) Spot elevations shall be shown in accordance with vertical accuracy standards as specified in §E(3) of this regulation.

(3) In addition to the criteria set forth in §D(2) of this regulation, the plat shall show the following:

(a) Caption or title and general location of the property or a vicinity map;

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.04 (cont.)

(b) Scale;

(c) Date;

(d) Name and address of the firm or surveyor;

(e) A statement to the effect that a licensee either personally prepared a topographic survey or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter; and

(f) Seal and signature of the surveyor who personally prepared or was in responsible charge over the preparation of the topographic survey.

E. Tolerances.

(1) Horizontal tolerances for topographic mapping shall meet the following accuracy standards of this subsection. On maps with publication scales larger than 1:20,000, not more than 10 percent of the points tested shall be in error by more than 1/30 inch, measured on the publication scale, and on maps with publication scales of 1:20,000 or smaller, 1/50 inch. These limits of accuracy shall apply in all cases to positions of well-defined points only. Well defined points are those that are easily visible or recoverable on the ground, such as monuments or markers, including:

(a) Bench marks;

(b) Property boundary monuments;

(c) Intersections of roads;

(d) Railroads;

(e) Corners of large buildings; and

(f) Other similar points.

(2) In general, what is well defined may also be determined by what is plottable on the scale of the map within 1/100 inch.

(3) Vertical tolerances for topographic mapping shall meet the accuracy standards of this subsection. Vertical accuracy, as applied to contour maps on all publication scales, shall be such that not more than 10 percent of the elevations tested shall be in error more than 1/2 the contour interval. In checking elevations taken from the map, the apparent vertical error may be decreased by assuming a horizontal displacement within the permissible horizontal error for a map of that scale.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.05

.05 Field Run Planimetric Surveys.

A. Purpose. The purpose of a field run planimetric survey is to locate, describe, or map, or all of these, the horizontal positions of the physical features and characteristics of the surface of the earth and other features.

B. Result.

(1) The results of a planimetric survey shall clearly show the results of the field and office work, and shall be presented, depending on the type of professional services requested, in the form of:

(a) A plat;

(b) A worksheet;

(c) Raw data; or

(d) Adjusted data.

(2) Plats are intended for a release as stand-alone products. Worksheets and raw data are intended as components to be included in other surveying or engineering documents and are not intended as stand-alone products. Worksheets and raw data are not required to comply with this regulation.

C. Field Procedures.

(1) Field work shall be performed in accordance with accepted surveying theory, practice, and procedures specified in this section.

(2) Field data satisfying the requirements of these regulations shall be gathered, and the surveyor shall make a reasonable effort to maintain the data.

D. Plats.

(1) An original plat of a planimetric survey shall be a reproducible drawing at a suitable scale clearly indicating the results of the field work, computations, research, and record information, as compiled, checked, and analyzed.

(2) The plat shall be prepared in conformity with the following procedures:

(a) A reasonably stable and durable drawing paper, linen, or film of reproducible quality is considered suitable material for planimetric survey drawings;

(b) Plats may not be smaller than 8-1/2 X 11 inches;

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.05 (cont.)

(c) Relevant natural or artificial visible features shall be labeled and represented by a symbol on the plat in its proper location, and each symbol shall clearly indicate what is being represented or shall be labeled for identification either individually or in a separate key to symbols;

(d) The plat shall show a north arrow;

(e) A statement indicating the source of the bearings shall be made on the plat;

(f) The source of a coordinate system, if used on the plat, shall be identified;

(g) Cemeteries and burial grounds found by the surveyor within the premises being surveyed shall be noted on the plat; and

(h) Different line weights or delineating letters or numbers shall be used to clearly show the limited of the survey.

(3) In addition to the criteria set forth in §D(2) of this regulation, the plat shall show the following:

(a) Caption or title and general location of the property or a vicinity map;

(b) Scale;

(c) Date;

(d) Name and address of the firm or surveyor;

(e) A statement to the effect that a licensee either personally prepared a planimetric survey or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter; and

(f) Seal and signature of the surveyor who personally prepared or was in responsible charge over the preparation of the planimetric survey.

E. Tolerances.

(1) Horizontal tolerances for planimetric mapping shall meet the accuracy standards of this subsection. On maps with publication scales larger than 1:20,000, not more than 10 percent of the points tested shall be in error by more than 1/30 inch, measured on the publication scale, and on maps with publication scales of 1:20,000 or smaller, 1/50 inch. These limits of accuracy shall apply in all cases to positions of well-defined points only. Well-defined points are those that are easily visible or recoverable on the ground, such as the following monuments or markers, including:

(a) Property boundary monuments;

COMAR Regulations

Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.06.05 (cont.)

(b) Intersections of roads;

(c) Railroads;

(d) Corners of large buildings; and

(e) Other similar points.

(2) In general, what is well defined may also be determined by what is plottable on the scale of the map within 1/100 inch.

09.13.06.06

.06 Location Drawings.

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.

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Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.06.06 (cont.)

(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 __________________________________________________

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.06 (cont.)

(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.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.06 (cont.)

(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.

D. Plats.

(1) The original plat of a location drawing shall be a reproducible drawing at a scale which clearly shows the results of the field work, computations, research, and record information, as compiled, checked, and analyzed.

(2) The plat shall be prepared in accordance with the following procedures:

(a) A reasonably stable and durable drawing paper, linen, or film is considered a suitable material;

(b) Plats may not be smaller than 8-1/2 в 11 inches;

(c) Plats shall show a north arrow;

(d) A statement indicating the source of the bearings shall be made on the plat; and

(e) The source of a coordinate system, if used on the plat, shall be identified.

(3) In addition to the criteria set forth in §D(2) of this regulation, the plat shall show the following:

(a) Caption or title and address of the property or a vicinity map;

(b) Scale;

(c) Date;

(d) Name and address of the firm or surveyor;

(e) A statement to the effect that a licensee either personally prepared a location drawing or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter; and

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.06 (cont.)

(f) Seal and signature of the surveyor who personally prepared or was in responsible charge over the preparation of the location drawing.

09.13.06.07

.07 As-Constructed or Record Surveys.

A. General. At the time the surveyor performs as-constructed, sometimes referred to as an as-built, or record surveys, the surveyor shall obtain field measurements of vertical or horizontal dimensions, or both, of constructed improvements. The constructed improvements located by the survey shall be shown by symbols, notations, or delineations and shall be so certified. All plats prepared shall meet these minimum technical standards as applicable.

B. Accuracy. The horizontal or vertical accuracy, or both, shall permit the determination of whether the position of visible constructed improvements encroach upon adjoining properties or whether they are properly placed on the subject property, in rights-of-way, or in easements provided. The vertical accuracy or horizontal accuracy, or both, shall be such that it may be determined whether the position of visible improvements is in accordance with the plans or other documents as approved by appropriate jurisdictions.

C. Seal and signature of the surveyor who personally prepared or was in responsible charge over the preparation of the as-constructed or record survey.

09.13.06.08

.08 Metes and Bounds Descriptions.

A. Purpose. The purpose of a metes and bounds description is to create a written legal description of the subject tract of land that provides information necessary to properly locate the property on the ground and distinctly set it apart from all other properties.

B. Result.

(1) A metes and bounds description shall indicate the general location of the property by:

(a) Naming the particular lot or block, or other acceptable identification within which it is located, if the property is located in a subdivision; or

(b) By reference to the deed for the parcel being described, and information with regard to tax or election district, county, and state.

(2) The description shall also logically compile and incorporate calls for the following:

(a) Courses and distances with a statement regarding the basis of bearing;

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.08 (cont.)

(b) Adjoining record title lines, and rights-of-way as appropriate; and

(c) Statement of the subject land area.

(3) The point of beginning shall be carefully chosen and described in a manner which will distinguish it indisputably from any other point.

(4) Curved boundaries shall include sufficient data to define the curve, including the direction of curve, radius, arc length, chord bearing, and chord length. The description shall also include the identification of nontangent curves.

(5) If a metes and bounds description is based upon a boundary survey performed in accordance with Regulation .03 of this chapter, sufficient monuments or reference control points which were used to determine the property lines shall be called in the metes and bounds description.

(6) The metes and bounds description shall contain a statement to the effect that a licensee either personally prepared a metes and bounds description or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter.

(7) The metes and bounds description shall be signed and sealed by a surveyor who personally prepared or was in responsible charge over the preparation of the metes and bounds description.

09.13.06.09

.09 Right-of-Way/Easement Surveys.

A. General. A right-of-way/easement survey is a means of obtaining, reporting, or displaying, or all of these, the necessary data to establish or reestablish the location of sufficient property lines of the affected tract of land to assure the accurate location of the strip or parcel of land being described for the use and benefit of others.

B. Result. A right-of-way/easement survey shall result in the establishment of the location of lines, areas, if needed, and other relevant data. The surveyor is not required to set markers on a right-of-way/easement survey, unless required by a party requesting surveying services.

C. Compliance. In performing the right-of-way/easement survey, the surveyor shall comply with all terms, conditions, standards, and procedures that are set forth in Regulation .03 of this chapter, except as may be otherwise modified by this regulation, or by the State, its instrumentalities, or any public or corporate body having the power of eminent domain.

D. Seal and signature of the surveyor who personally prepared or was in responsible charge of the preparation of the right-of-way/easement survey.

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Title 09 Subtitle 13 – Board for Professional Land Surveyors Annotated Code of Maryland

09.13.06.10

.10 Special Purpose Surveys.

A. General. A survey not previously defined in these regulations is classified as a special purpose survey and is permitted. The purpose and conditions of this survey shall be clearly shown on the survey plats. A survey performed in accordance with this regulation may not be construed to constitute a variance from these standards.

B. Special Conditions. If special conditions exist that effectively prevent the survey from meeting the minimum standards set forth in this chapter, the special conditions and any necessary deviation from the standards shall be noted on the plat. It is a violation of regulations in this chapter to use special conditions to circumvent the intent and purpose of the minimum standards set forth in this chapter.

C. Information Purposes. Copies of a plat provided for informational purposes only may be issued without the signature or seal, or both, of the surveyor in responsible charge when it is clearly shown that the plat is invalid without the signature or seal. It is a violation of the regulations of this chapter to use this section to circumvent the intent and purpose of the minimum standards set forth in this chapter.

09.13.06.11

.11 Compliance with Federal, State, and Local Requirements.

The surveyor shall comply with all applicable federal, State, and local requirements related to the preparation of site plans, road and street plans, subdivision plans and plats, condominium plats, foundation certifications, wall checks, sediment and erosion control plans, storm drain plans, stormwater management design plans, and any other surveying work products.

09.13.06.12

.12 Business Practices.

A. Before undertaking the performance of professional services for which payment or other consideration is expected, a surveyor or a duly authorized agent of the surveyor shall discuss at least the following with the requesting party:

(1) The type of survey required;

(2) The limits to be surveyed;

(3) The specific survey services to be provided;

(4) An approximate completion time schedule; and

(5) An agreement for payment.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.12 (cont.)

B. For mutual protection, it is encouraged that a written agreement be executed by both parties. The agreement may be in the form of a memorandum, services letter, confirmation of work ordered, or any other mutually acceptable form. The agreement may also establish the extent and limitations of the surveyor's responsibilities.

C. If previously unknown factors are discovered during work that significantly affects either cost or completion schedule, the surveyor shall immediately notify the party responsible for the payment of the cost of the surveying services.

D. The surveyor shall make a reasonable effort to maintain adequate records, including names or initials of all personnel, dates of service, references to field data, such as book number, loose-leaf pages, and other relevant data.

E. A licensee may not sign or seal surveys, plats, drawings, certificates, or other professional documents unless the licensee personally prepared the documents or the documents were prepared under the licensee's responsible charge.

F. Licensee In Responsible Charge. A licensee shall be considered to be in responsible charge within the meaning of Business Occupations and Professions Article, §15-101(n), Annotated Code of Maryland, if the licensee:

(1) Has authority to make necessary revisions to surveying documents during their preparation by the licensee's employees or other subordinates;

(2) Provides a detailed review and personal inspection of surveying documents; and

(3) Has authority to direct the surveying tasks and provides actual direction of the specific surveying tasks performed.

G. A licensee in responsible charge shall be readily available to the licensee's employees or other subordinates on a reasonable basis to provide personal direction and direct control, as necessary and appropriate.

H. By signing and sealing surveying documents, a licensee assumes full responsibility for the preparation of the surveying documents described in this chapter and for the accuracy and adequacy of the surveying work reflected in the documents.

I. When signing and sealing surveying documents, a licensee shall indicate the license expiration date on the documents before submitting them in accordance with requirements set forth in Business Occupations and Professions Article, §15-502(a), Annotated Code of Maryland.

J. Types of Signatures.

(1) A surveyor may sign surveying documents by one of the following methods:

(a) A handwritten signature in permanent ink containing the name of person who applied it; or

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.12 (cont.)

(b) For electronic or digital documents, an electronic authentication process attached to or logically associated with the document.

(2) A digital signature described in §J(1)(b) of this regulation shall satisfy the following criteria:

(a) It must contain an identification unique to a licensee using it, such as the licensee’s name and license number;

(b) It must be under the exclusive control of the licensee using it;

(c) It must be verifiable; and

(d) It must be linked to the document in such a manner that any subsequent modifications to the document after the digital signature is appended to it will result in the document no longer being prepared or approved by the licensee.

(3) Nothing in this regulation is intended to modify any of the requirements set forth in §I of this regulation.

09.13.06.13

.13 Violation of Minimum Standards.

Violation of the minimum standards of practice by a professional land surveyor or a property line surveyor shall constitute grounds for disciplinary actions under Business Occupations and Professions Article, Title 15, Annotated Code of Maryland.

09.13.06.14

.14 Review.

The Board shall undertake a periodic review of the minimum standards of practice set forth in these regulations to assure their accuracy and completeness and shall make those changes, if any, it deems appropriate.

09.13.06.9999

Administrative History

Effective date: December 1, 1994 (21:22 Md. R. 1875)

Annotation: Regulations .01—.10, which were adopted effective December 1, 1994, can be found at 21:21 Md. R. 1875 and 21:11 Md. R. 958. Judicial action stayed the effectiveness of these regulations. Maryland Society of Surveyors et al. v. William A. Fogle et al., Case No. 94314037/CE 188625, Circuit Court for Baltimore City. A consent order, dated January 27, 1995, required the repeal of these regulations without taking effect. The consent order included new regulations to be adopted.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.06.9999 (cont.)

Regulations .01—.10 repealed and new Regulations .01—.14 adopted as an emergency provision effective March 1, 1995 (22:5 Md. R. 364); adopted permanently effective June 5, 1995 (22:11 Md. R. 820)

Regulation .03A, F amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .04 amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .05D amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .06A, D, E amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .08 amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .10C amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .11 amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .12A, D amended effective February 10, 1997 (24:3 Md. R. 186)

Regulation .13 amended effective February 10, 1997 (24:3 Md. R. 186)

Chapter revised effective August 1, 2005 (32:15 Md. R. 1320)

Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .03 amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .04B, D amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .05B, D amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .06 amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .07C repealed effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .08B amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .10D repealed effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1569)

Regulation .12H adopted effective June 13, 2011 (38:12 Md. R. 704)

Regulation .12J amended effective August 27, 2018 (45:17 Md. R. 802)

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.07.00

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Chapter 07 Educational Equivalency Requirements

Authority: Business Occupations and Professions Article, §15-305, Annotated Code of Maryland

09.13.07.01

.01 Purpose.

A. This chapter applies to an applicant who seeks eligibility to sit for the applicable examination for licensure as a professional land surveyor, as described in Business Occupations and Professions Article, Title 15, Annotated Code of Maryland, and this chapter.

B. Pursuant to Business Occupations and Professions Article, §15-305, Annotated Code of Maryland, an applicant for the appropriate licensing examination as a professional land surveyor shall meet certain experiential requirements. The experience that an applicant is to demonstrate pursuant to the above statutory authority must be acceptable to the Board for Professional Land Surveyors.

C. In order to assure a minimum acceptable level of competence of an applicant immediately after the passage of the applicable examination, the Board considers that it is in the best interests of Maryland consumers that the applicant has a diversified prelicensing experience in different aspects of land surveying.

D. To further the Board's goal in protecting the interests of Maryland consumers and also in order to guide an applicant in obtaining an appropriate type and amount of pre-licensing experience, the Board is promulgating these regulations to set forth the criteria for the type and amount of work experience that may be acceptable to the Board.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.07.02

.02 Guidelines.

A. The table in §B of this regulation sets forth the guidelines for the recommended experience criteria and tasks by surveying category. The Board has the final authority with regard to the total or partial credit for the amount of hours claimed by an applicant, the types and variety of tasks allegedly completed by an applicant, and all other matters related to these guidelines.

B. Experience Criteria and Tasks by Surveying Category.

GUIDELINE FOR MINIMUM NUMBER EXPERIENCE HOURS PER SURVEYING CATEGORY BY LICENSING TRACKLicense Track /Total Minimum Hrs.

Control Surveys

Boundary Surveys

Topographic Surveys

Minor Engineering

Subdivision Planning

Construction Surveys

Location Drawings

Minimum Unallocated Hours*

15-305B/3,800 475 1710 285 570 285 285 95 95

15-305C/7,600 1850 2610 475 760 475 475 190 765

15-305E/11,400

1425 4275 720 795 795 795 225 2370

15-305F/17,100

3420 5130 1200 1200 1200 1200 300 3450

Notes:For guidelines with regard to educational equivalency for the minor engineering experience, please see Regulations .03—.05 of this chapter.

*The unallocated hours can be in a surveying category of the applicant's choice.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.07.02 (cont.) DESCRIPTION OF IMPORTANT WORK TASKS AND FUNCTIONS BY SURVEYING CATEGORY

CONTROL SURVEYS BOUNDARYSURVEYS

TOPOGRAPHICSURVEYS

MINORENGINEERING

SUBDIVISIONPLANNING

CONSTRUCTIONSURVEYS

LOCATIONDRAWINGS

Compute survey data Prepare survey maps, plats & reports

Prepare survey maps, plats and reports

Compute areas and volumes

Prepare survey maps, plats and reports

Prepare survey maps, plats and reports

Determine locations of boundary lines and encumbrances

Analyze and adjust survey data

Prepare land descriptions

Compute areas and volumes

Review documents and communicate with clients, attorneys or other interested parties

Compute areas and volumes

Prepare worksheets for analysis of surveys

Research and evaluate evidence from public record sources

Document and/or establish monuments and their records

Review documents and communicate with clients, attorneys or other interested parties

Review documents and communicate with clients, attorneys or other interested parties

Design horizontal and vertical alignment for roads within a subdivision

Review documents and communicate with clients, attorneys or other interested parties

Review documents and communicate with clients, attorneys, or other interested parties

Advise clients regarding boundary uncertainties

Convert survey data to an appropriate datum

Identify & evaluate field evidence for possession, boundary line discrepancies, & potential adverse possession claims

Identify pertinent physical features, landmarks, and existing documentation

Perform flood plain surveys

Document and/or establish monuments and their records

Select appropriate vertical and/or horizontal datum

Prepare Location Drawings

Select appropriate vertical and/or horizontal datum

Identify pertinent physical features, landmarks and existing monumentation

Research and evaluate evidence from public record sources

Prepare grading plans

Determine subdivision development requirements and constraints

Perform construction stake out

Recover horizontal and vertical control

Research and evaluate evidence from public record sources

Research and evaluate evidence from private record sources

Design earthwork for balanced cut/fill

Determine and prepare lot and street designs for land subdivision

Determine levels of precision and order of accuracy

Research and evaluate evidence from private record sources

Prepare worksheets for analysis of surveys

Calculate existing and proposed storm runoff

Prepare sketches and/or preliminary plats

COMAR Regulations

Perform differential leveling

Evaluate the priority of conflicting title elements

Perform record or as-built surveys

Prepare erosion control plans

Perform condominium surveys

Perform trigonometric leveling

Document and/or establish monuments and their records

Reconcile survey and record data

Design storm sewers and appurtenances

Prepare Right of Way Plats

Calibrate instruments

Perform ALTA/NSPS Surveys

Design stormwater management facilities

Perform photogrammetric control surveys

Identify riparian and/or littoral boundaries

Design open channels

Perform astronomic measurements

Document potential possession claims

Design culverts and appurtenances

Reconcile survey and record data

Determine vegetation species

Design pavement structures and cross sections

Perform GPS surveys

Determine location of boundary lines and encumbrances

Prepare worksheets for analysis of surveys

C. Regulations .03, .04, and .05 of this chapter describe more particularly the guidelines related to the educational equivalency for the minor engineering experience tasks described in this regulation.

CONTROL SURVEYS

BOUNDARYSURVEYS

TOPOGRAPHICSURVEYS

MINORENGINEERING

SUBDIVISIONPLANNING

CONSTRUCTIONSURVEYS

LOCATIONDRAWINGS

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.07.03

.03 General Requirements.

A. An applicant for the principles and practice examination under Business Occupations and Professions Article, §15-305, Annotated Code of Maryland, shall have 2 years of experience generally described in Business Occupations and Professions Article, §15-101(g)(vi), Annotated Code of Maryland, and commonly known as "minor engineering experience."

B. An applicant may be able to meet a 2-year experiential requirement set forth in this regulation by the following methods:

(1) Acceptable work experience;

(2) Acceptable education; or

(3) A combination of acceptable work experience and acceptable education.

09.13.07.04

.04 Educational Equivalency.

A. An applicant may claim 3 semester credit hours as an equivalent of 6 months of minor engineering experience after the completion, to the Board's satisfaction, of the courses described in this chapter.

B. In order to be eligible for the Board's approval, the courses of instruction shall be in the following areas:

(1) Hydraulics;

(2) Surface water hydrology;

(3) Route surveying or road design;

(4) Storm drainage system design;

(5) Storm water management design;

(6) Sediment and erosion control design; or

(7) Infiltration.

C. The Board may choose to approve courses of instruction in areas other than those listed in §B of this regulation.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.07.04 (cont.)

D. The courses described in §§B and C of this regulation are collectively referred to as eligible courses.

E. The Board may approve the eligible course if the following requirements are met:

(1) The course is offered by a university, community college, professional surveying organization, or other qualified provider acceptable to the Board; or

(2) The Board approves the individual course syllabus and description submitted by either an applicant or directly by the provider before the applicant takes the eligible course.

F. The Board may, at its discretion, approve courses successfully completed by an applicant before the effective date of this chapter if the courses meet the criteria and standards set forth in this chapter.

09.13.07.05

.05 Determination of Value.

A. An applicant shall furnish, at the time of filing the appropriate examination application, evidence of having completed, to the Board's satisfaction, the eligible course or courses, as described in Regulation .04 of this chapter.

B. A semester credit hour is defined as not less than 15 standard 50-minute classroom hours of instruction.

09.13.07.06

.06 Board's Discretion.

The Board has the final authority with regard to the approval of the type and value of courses and any other matters related to the educational equivalency requirements described in this chapter.

09.13.07.9999

Administrative History

Effective date: April 3, 2000 (27:6 Md. R. 641)

Regulation .02B amended effective October 9, 2017 (44:20 Md. R. 945)

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.00

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Chapter 08 Continuing Professional Competency Requirements

Authority: Business Occupations and Professions Article, §§15-314(f), 15-315, and 15-316, Annotated Code of Maryland

09.13.08.01

.01 Purpose.

The public interest requires that professional land surveyors and property line surveyors provide competent services in all areas of practice. The State legislature has determined that it is in the best interest of the public to require professional land surveyors and property line surveyors to comply with the continuing professional competency requirements as a prerequisite to the renewal of an applicable license.

09.13.08.02

.02 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) "Activity" means attending and completing qualifying courses, seminars, workshops, technical presentations, and other qualifying programs that meet the criteria and objectives of continuing professional competency.

(2) "Authorized provider" means an organization or individual reviewed and approved by the CPC Standards Committee.

(3) "Board" means the State Board for Professional Land Surveyors.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.02 (cont.)

(4) "College credit hour" means the credit for a course described in §B(6) of this regulation, offered by a university, college, or community college.

(5) "Continuing professional competency (CPC) unit" means one contact hour of instruction, presentation, or other activity.

(6) "Course" means a qualifying offering with a clear purpose and objective to maintain, improve, or expand the skills and knowledge of licensee's field of practice.

(7) "CPC Standards Committee" means a committee as established in Regulation .09 of this chapter.

(8) "Mentor" means a professional land surveyor or a property line surveyor who assists an individual in the process of qualifying for and obtaining licensure as a professional land surveyor.

(9) "Qualifying activity" means an activity that meets the criteria set forth in Regulation .04 of this chapter.

09.13.08.03

.03 Requirements.

A. A licensee shall complete, as a condition of a license renewal in each individual 2-year renewal cycle, a minimum of 24 CPC units earned from the participation in and upon completion of qualifying activities described in Regulation .04.

B. A minimum of 4 CPC units in every individual 2-year renewal cycle shall be earned from the participation in and upon completion of qualifying activities with content areas related to the following:

(1) Minimum Standards of Practice;

(2) Legal cases, commentaries, and other related materials as they apply to the law of land boundaries in Maryland;

(3) The awareness of ethical concerns and conflicts;

(4) An enhanced familiarity with the codes of conduct;

(5) An understanding of standards of practice or care; or

(6) Similar topics aimed at maintaining, improving, or expanding the skills set and knowledge necessary to practice land surveying services or property line surveying services in the most ethical and responsible manner.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.03 (cont.)

C. A licensee may carry over no more than 12 CPC units earned in excess of 24 CPC units, provided that the CPC units intended for the carryover have been earned on or before December 31, 2018. No carryover shall be permitted for any excess CPC units earned after January 1, 2019.

09.13.08.04

.04 Qualifying Activities.

In order for an activity to be considered a qualifying activity, the activity must meet the following criteria:

A. Maintain and enhance professional competency of professional land surveyors or property line surveyors; and

B. Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of land surveying or property line surveying.

09.13.08.05

.05 Determination of Qualifying Activities by the Board.

The determination of whether the activity constitutes a qualifying activity is within the discretion of the Board.

09.13.08.06

.06 Nonqualifying Activities.

Activities that do not meet the criteria set forth in Regulation .04 of this chapter shall be considered to be non-qualifying activities, including, but not limited to, the following:

A. Regular employment as professional land surveyor or property line surveyor, or expert witness;

B. Repetitive attendance of the same programs without substantial modifications or updates;

C. Time management techniques and strategies;

D. Attending committee meetings or general business meetings of any organization;

E. Other activities that, in the Board’s opinion, are not directly related to the practice of land surveying or property line surveying.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.07

.07 Sources of Credit and Determination of Units.

A. A licensee may earn the CPC units by any of the following methods:

(1) Attending and successfully completing qualifying activities in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of land or property line surveying, as such activities may from time to time be preapproved by the Board;

(2) Subject to limitations set forth in this Regulation, teaching of, lecturing or instructing on the subjects related to professional land or property line surveying in the environment described in §A(1) of this regulation;

(3) Serving as a mentor within the framework preapproved by the Board to an individual who is pursuing a path to licensure as a professional land surveyor;

(4) Developing examination content questions accepted for use on both national and State specific examinations; or

(5) Other appropriate methods that may from time to time be approved by the Board.

B. A licensee may earn the applicable number of CPC units in accordance with the following conversion schedule:

(1) 1 college credit hour — 5 CPC units;

(2) 1 contact hour of professional development work, or professional or technical presentations made at meetings, conventions, or conferences — 1 CPC unit;

(3) Board approved mentoring activities — 3 CPC units;

(4) Developing of examination content questions — 4 CPC units; and

(5) Subject to exclusions set forth in this Regulation, teaching of, lecturing or instructing on land surveying and related subjects, subject to the following limitations:

(a) For the first time presentation, a presenter may claim credit for the activity that is equivalent to two times the number of CPC units awarded by the Board for the activity; and

(b) Unless the presentation had been substantially modified and updated for the subsequent presentations or is being presented to a different group of recipients, a presenter may claim only the same number of CPC credits as awarded by the Board to the recipients of the qualifying activity.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.08

.08 Determination of Units’ Value by the Board.

The final determination with regard to the value, sources, and number of credits is within the discretion of the Board.

09.13.08.09

.09 Approval of Providers.

A. Responsibility for Providers’ Approval.

(1) The Board shall select and establish a committee to approve providers of the CPC units (the "CPC Standards Committee").

(2) The CPC Standards Committee shall consist of the following individuals:

(a) A professional land or property line surveyor serving on the Board; and

(b) A consumer member serving on the Board.

(3) In addition to the individuals referred to in §A(2) of this regulation, the CPC Standards Committee may also include any or all of the following individuals:

(a) A professional land surveyor;

(b) A property line surveyor; or

(c) An educator from a higher education institution or a community college familiar with the land surveying or property line surveying curriculum.

(4) The Board shall assign the responsibility of reviewing and approving the providers to the CPC Standards Committee. To the extent feasible and necessary, the CPC Standards Committee shall establish guidelines and procedures for approval of providers in accordance with the objectives stated in this chapter.

B. Providers' Eligibility.

(1) The following are considered to be preapproved providers without any further action by the Committee:

(a) National, regional, or State accredited academic institutions;

(b) National, State, or regional land surveying organizations; and

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.09 (cont.)

(c) Other entities that may from time to time become preapproved by the Board.

(2) The individuals or entities, including, but not limited to, professional firms conducting in-house presentations, may be approved by the Board to become approved providers upon application and approval by the CPC Standards Committee.

(3) During the application process, the Committee will determine the suitability of the provider to serve as an approved provider.

(4) The provider shall submit general information that will enable the CPC Standards Committee to evaluate the provider’s qualifications. At a minimum, the CPC Standards Committee requires the following information to be submitted with each application for approval:

(a) The sample course outline detailing the content of activity to be offered;

(b) The number of CPC units to be awarded for each course; and

(c) The identity and qualifications of the course instructors.

(5) In order to be eligible to become the approved provider, the provider must offer the activity that meets the criteria for a qualifying activity set forth in Regulation .04.

C. Review and Audit of Providers. The Board may require the approved provider to document the CPC activities for audit by the Board at any time after the first presentation of the activity. Documentation shall include registration and attendance records, stated purpose, content, presentation, time and length of the activity, and participants’ evaluations.

D. Suspension and Revocation.

(1) The CPC Standards Committee, with the Board’s concurrence, may suspend or revoke approval of a provider if, in the judgment of the Board, the intent of Business Occupations and Professions Article, §15-314(f), Annotated Code of Maryland, is no longer served.

(2) An individual or organization whose provider’s privilege has been suspended or revoked by the CPC Standards Committee may appeal the denial to the Board for a hearing within 30 days after the CPC Standards Committee notifies the individual or organization of the denial.

E. Roster of approved providers. The Board shall maintain and make available to licensees, as often as it considers appropriate, a roster of approved providers.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.10

.10 Record Keeping.

A. Responsibility to Maintain Records.

(1) The responsibility of maintaining records to be used to support the continuing professional competency credit claim is the responsibility of each licensee.

(2) A licensee shall maintain the records for a period of at least 4 years from the date of completion of the qualifying activity.

B. Documentation referred to in §A(2) of this regulation, includes, but is not limited to, the following:

(1) Certificates of participation;

(2) Transcripts, if appropriate;

(3) Reprints of publications;

(4) Proof of presentations;

(5) Title and description of the activity;

(6) Dates attended;

(7) Presenter's name; or

(8) Any other appropriate information.

C. Upon the Board’s request, approved providers shall electronically transmit to the Board records of attendance, completion of a qualifying activity, and any other pertinent information requested by the Board.

09.13.08.11

.11 Reporting Requirements for License Renewal.

A. A licensee shall attest to the satisfactory completion of the CPC requirements prior to the licensee's individual license renewal for the following 2-year cycle. The licensee shall provide the attestation in connection with the renewal application and shall pay appropriate renewal fees.

B. The Board at its discretion may audit randomly selected licensees to ascertain compliance with CPC requirements.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.11 (cont.)

C. Licensees who are audited shall provide any additional documentation required by the Board to complete the audit.

09.13.08.12

.12 Extenuating Circumstances/Exceptions.

A. Exemptions. Notwithstanding other requirements set forth in this chapter, a licensee who is granted an initial license may renew a license for the next full term without complying with the CPC requirements if:

(1) The licensee has been granted an initial license and is renewing a license for the next full term; and

(2) The licensee qualifies under the criteria set forth in Business Regulation Article, Title 2.5, Annotated Code of Maryland.

B. Compliance Exception Request.

(1) If a licensee is unable to comply with all or part of CPC requirements due to physical disability, illness, or other extenuating circumstances, the licensee may request the Board grant a one-time exception from compliance (Compliance Exception Request), provided that the Compliance Exception Request is filed with the Board at least 60 days prior to the licensee’s license expiration date.

(2) If a Compliance Exception Request is based on physical disability or illness, the licensee must provide the Board with written documentation acceptable to the Board supporting the basis for the request.

(3) A Compliance Exception Request must be accompanied by a detailed proposal acceptable to the Board indicating the licensee’s intended plan of compliance with CPC requirements within no later than 6 months after the license expiration date. Failure to provide the acceptable plan of compliance within the time period specified in this regulation may result in the Board’s administrative dismissal of the Compliance Exception Request.

09.13.08.13

.13 Failure to Meet the CPC Requirements.

In the event a licensee fails to comply with the CPC requirements set forth in this chapter, the Board, subject to the hearing provisions of Business Occupations and Professions Article, §15-319, Annotated Code of Maryland, may take any and all available disciplinary actions under Business Occupations and Professions Article, §15–317, Annotated Code of Maryland.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.14

.14 Reinstatement of License.

A licensee who wishes to reinstate a license shall fulfill past due CPC requirements for the previous CPC reporting periods up to 48 CPC units and pay all applicable fees.

09.13.08.15

.15 Reactivation of Retired Status License.

An individual who elects to receive a retired status license shall be exempt from the compliance with the CPC requirements. In the event such individual elects to have the license reactivated, the individual shall fulfill past due CPC requirements up to 48 CPC units and pay all applicable fees.

09.13.08.16

.16 Dual Licensees.

A licensee who maintains current licenses in the State of Maryland both as a professional land or property line surveyor and as a professional engineer shall comply with the CPC requirements set forth in COMAR 09.23.06 applicable to licensed professional engineers, except that a minimum of 1/3 of the units earned shall be gained from the qualifying programs on a land surveying subject as set forth in Regulations .03 and .04 of this chapter.

09.13.08.17

.17 CPC Units Earned in Other States.

The Board will accept CPC units earned for activities completed in other jurisdictions, provided that:

A. The activities and programs are consistent and comply with the requisite criteria set forth in this chapter;

B. Licensee provides evidence of attending and completing a qualifying activity in another state, together with applicable number of CPC units earned; and

C. Licensee otherwise fulfills all other applicable license renewal requirements in the State of Maryland.

COMAR RegulationsTitle 09 Subtitle 13 – Board for Professional Land Surveyors

Annotated Code of Maryland

09.13.08.9999

Administrative History

Effective date: January 7, 2002 (28:26 Md. R. 2272)

Regulation .03B, C amended effective February 9, 2009 (36:3 Md. R. 208)

——————

Chapter revised effective April 2, 2012 (39:6 Md. R. 408)

Regulation .02B amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .03 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .04 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .05 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .06 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .07 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .08 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .09 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .10C adopted effective May 8, 2017 (44:9 Md. R. 437)

Regulation .12 amended effective August 4, 2014 (41:15 Md. R. 890)

Regulation .12A amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .16 adopted effective March 4, 2013 (40:4 Md. R. 345)

Regulation .16 amended effective May 8, 2017 (44:9 Md. R. 437)

Regulation .17 adopted effective March 4, 2013 (40:4 Md. R. 345)

Regulation .17 amended effective May 8, 2017 (44:9 Md. R. 437)

Bibliography and FootnotesMaryland is Still Subject to Common Law

1. James J. Demma, Introduction to “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp. 2-3.

2. James J. Demma, Introduction to “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.3.

3. Roger B. Wilson, Donald C. Robinson, James L. Morris, and David B. Glenn, An Overview of Our History, “The River and the Ridge, 300 Years of Local History”; (2003); p.5.

4. Roger B. Wilson, Donald C. Robinson, James L. Morris, and David B. Glenn, An Overview of Our History, “The River and the Ridge, 300 Years of Local History”; (2003); pp.5-6.

5. Roger B. Wilson, Donald C. Robinson, James L. Morris, and David B. Glenn, An Overview of Our History, “The River and the Ridge, 300 Years of Local History”; (2003); p.6.

6. In the Beginning…, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.4.

7. James J. Demma, Introduction to “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.6.

8. James J. Demma, Declaration of Rights, “Statutory Laws of Maryland Relating to Land Surveyors”; (2018); p.47 ~ (2009); p.65.

The Maryland Court System

9. James J. Demma, Introduction to “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.7.

10. James J. Demma, Introduction to “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.7.

11. James J. Demma, Courts and Judicial Proceedings, “Statutory Laws of Maryland Relating to Land Surveyors”; (2018); p.81 ~ (2009); p.97.

Stare Decisis

12. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.347.

The Land Surveyor’s Professional Responsibility 13.Ethics and Professional Responsibility, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.3.

Bibliography and FootnotesThe Land Surveyor’s Professional Responsibility 14.A.C. Mulford, The Work and Training of the Surveyor, “Boundaries and

Landmarks, a Practical Manual”; (1912); pp.1-3. 15. A.C. Mulford, The Work and Training of the Surveyor, “Boundaries and

Landmarks, a Practical Manual”; (1912); pp.87-89. Title Elements 16. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.337. 17. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.349. 18. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.349. 19. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.339. 20. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.340. 21. Title Elements and Terms, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.5. 22. James J. Demma, Real Property, “Statutory Laws of Maryland Relating to Land Surveyors”; (2018); p.312 ~ (2009); p.260. 23. James J. Demma, Real Property, “Statutory Laws of Maryland Relating to Land Surveyors”; (2018); p.321 ~ (2009); p.263. Title Terms 24. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.340. 25.Curtis M. Brown, Walter G. Robillard, and Donald C. Wilson, Rights and Interests in Land, ”Boundary Control and Legal Principles, Third Edition”; (1986); p.3.

Bibliography and FootnotesTitle Terms 26. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.340. 27. James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.344. 28. Curtis M. Brown, Walter G. Robillard, and Donald C. Wilson, Guarantees of Title and Location, ”Evidence and Procedures for Boundary Location, Second Edition”;(1981); p.328. 29.James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.344. 30. Curtis M. Brown, Walter G. Robillard, and Donald C. Wilson, Guarantees of Title and Location, ”Evidence and Procedures for Boundary Location, Second Edition”;(1981); p.320. 31.James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.329. 32.James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.336. 33.James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.337. 34.James J. Demma, The Surveyor and Professional Liability, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.233-234. Priority of Title Elements 35. Priority of Title Elements, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.8. 36.American Congress on Surveying and Mapping, “Definitions of Surveying and Associated Terms”; (2005); p.222. 37.James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.342.

Bibliography and FootnotesPriority of Title Elements 38.A.C. Mulford, The Relative Legal Value of Evidences of Boundary, “Boundaries and Landmarks, a Practical Manual”; (1912); pp.11-12. 39. A.C. Mulford, Landmarks; Stakes and Stones, “Boundaries and Landmarks, a Practical Manual”; (1912); pp.16-17. 40. Miscellaneous, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.13. 41. Miscellaneous, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.13. 42. Miscellaneous, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.13. 43. Miscellaneous, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.13. 44.A.C. Mulford, Landmarks; Marked Timber, Ditches and Balks, “Boundaries and Landmarks, a Practical Manual”; (1912); pp. 23-25. 45. A.C. Mulford, Landmarks; Marked Timber, Ditches and Balks, “Boundaries and Landmarks, a Practical Manual”; (1912); pp. 24-25. 46. A.C. Mulford, Landmarks; Marked Timber, Ditches and Balks, “Boundaries and Landmarks, a Practical Manual”; (1912); pp. 25-26. 47. A.C. Mulford, Landmarks; Marked Timber, Ditches and Balks, “Boundaries and Landmarks, a Practical Manual”; (1912); pp. 26-27. 48. James J. Demma, Real Property, “Statutory Laws of Maryland Relating to Land Surveyors”; (2018); p.381 ~ (2009); p.292. 49. Monumentation, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.9. Privity of Contract 50. Ethics and Professional Responsibility, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.3. Adverse Possession 51. Adverse Possession, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.8. 52.James J. Demma, The Law of Adverse Possession for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.201.

Bibliography and FootnotesAdverse Possession 53. James J. Demma, The Law of Adverse Possession for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.206. 54. James J. Demma, The Law of Adverse Possession for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.207. 55.James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.340. 56.James J. Demma, The Land Surveyor as a Witness, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.265. 57. Reputation and Hearsay, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.9. Ejectment 58.James J. Demma, The Maryland Surveyor’s Vocabulary, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.336. Trespass 59.James J. Demma, The Trespass Rights of the Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.243. 60. James J. Demma, The Trespass Rights of the Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.243. 61. James J. Demma, The Trespass Rights of the Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.243. 62. James J. Demma, The Trespass Rights of the Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.243. 63. James J. Demma, The Trespass Rights of the Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.244.

Bibliography and FootnotesTrespass 64. James J. Demma, The Trespass Rights of the Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.245-246. Easements 65. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.167-168. 66. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.168. 67. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.168. 68. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.167. 69. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.170. 70. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.170. 71. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.171. 72. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.170. 73. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.172. 74. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.172.

Bibliography and FootnotesEasements 75. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.172. 76. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.172. 77. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.176. 78. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.177. 79. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.177. 80. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.177. 81. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.177. 82. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.180. 83. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.181. 84. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.181. 85. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.181. 86. James J. Demma, The Law of Easements for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.181.

Bibliography and FootnotesEasements 87. Easements, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.11. Cemeteries 88. James J. Demma, The Law of Cemeteries for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.271. 89. James J. Demma, The Law of Cemeteries for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.271. 90. James J. Demma, The Law of Cemeteries for the Maryland Land Surveyor, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.273. 91. James J. Demma, Criminal Law, “Statutory Laws of Maryland Relating to Land Surveyors”; (2018); pp.174-177 ~ (2009); pp.177-179. 92. James J. Demma, Criminal Law, “Statutory Laws of Maryland Relating to Land Surveyors”; (2018); pp.179-180 ~ (2009); pp.181-182. Title to Street or Highway Where Land Binding on it is Granted 93. James J. Demma, Highways and Streets as Monuments, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.70. 94. Monumentation, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.9. 95. Monumentation, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.9. Condominium Law 96. James J. Demma, Maryland’s Condominium Law for the Surveyor: The Condominium Plat, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.277. 97. James J. Demma, Maryland’s Condominium Law for the Surveyor: The Condominium Plat, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.277-278.

Bibliography and FootnotesCondominium Law 98. James J. Demma, Maryland’s Condominium Law for the Surveyor: The Condominium Plat, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.280-282. 99. James J. Demma, Maryland’s Condominium Law for the Surveyor: The Condominium Plat, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.289-290. 100. James J. Demma, Maryland’s Condominium Law for the Surveyor: The Condominium Plat, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.288-289. 101. James J. Demma, Maryland’s Condominium Law for the Surveyor: The Condominium Plat, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.282. 102. James J. Demma, Maryland’s Condominium Law for the Surveyor: The Condominium Plat, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); pp.282-283. Riparian Rights 103. James J. Demma, Boundaries Along Waterways and Riparian Rights, “The Law of Land Boundaries for the Maryland Surveyor and Related Materials”; (2008); p.113. 104. Riparian Rights, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.10. 105. Riparian Rights, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.10. Riparian Terms 106. Riparian Rights, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.10. 107. Riparian Rights, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.10. 108. Riparian Rights, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.10. 109. Riparian Rights, “Maryland Boundary Law and Ethics Exam Review”; (2007); p.10.

Bibliography and FootnotesMeridian Stones and Testing Variation of a Compass 110. James J. Demma, County Commissioners, “Statutory Laws of Maryland Relating to Land Surveyors”; (2009); p.10. 111. James J. Demma, County Commissioners, “Statutory Laws of Maryland Relating to Land Surveyors”; (2009); pp.10-11.

• Jeff Elkins• Professional Land Surveyor• Maryland Reg. No. 21512

• Delaware Reg. No. S6-0000773•

• VanMar Associates, Inc.• 310 South Main Street, P.O. Box 328

• Mount Airy, Maryland 21771•

• Phone: 301-829-2890• Cell: 443-519-3275

• Email: jeff@vanmar.com• jeffelkins21512@outlook.com

••

• Over 33 years of experience in the• Land Surveying Profession