Technical Standards for Property Surveys Rule 180-7-.07(d)9

The direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats or other documents on public record, including state plane coordinates when applicable. The point of reference may lie on or within the boundary of the survey.

That is all I found in the Board rules. If I missed something then please point it out. If I am reading this rule correctly then a surveyor can locate any pin in any subdivision and show a bearing and distance to that pin and label it accordingly, e.g. southwest corner of Lot 3, Block B, etc. The surveyor can ignore the record POC if he so chooses. I am sure most of you have experienced the problems with different POCs in the record. He only has to show the bearing and distance “with the same degree of accuracy required of the parcel surveyed”. I looked through some of my survey books for references to POC and/or POB and below is what I turned up. I would certainly like to hear everyone else’s thoughts on the subject.

Thanks, David

Beginning, point of – In metes and bounds descriptions, the first point on the boundary of the property being described… When descriptions start at a reference point not contiguous to the boundary being described, the point of commencing should be used.

-        American Congress on Surveying and Mapping, Definitions of Surveying and Associated Terms, revised edition, 2005, at 32-33.

The “point of beginning” generally relates to a point on the boundary of the parcel to be described, while the “point of commencement” may be a remote point.

-        Robillard, Walter G. and Lane J. Bouman, Clark on Surveying and Boundaries, sixth edition, 1992, at §16.37.

Point of Commencement (POC). This is an established reference point such as a corner of the PLSS or NSRS monument to which the property description is tied or referenced.

-        Wolf, Paul R. and Charles D. Ghilani, Elementary Surveying: An Introduction to Geomatics, tenth edition, 2002, at 632.

… the point of beginning of the boundary description may be referred by direction and distance to the intersection of the center lines of streets.

-        Davis, Raymond E. and Francis S. Foote, Surveying Theory and Practice, fourth edition, 1953, at §22.17.

For metes and bounds descriptions, a competent and verifiable point must be either in existence, or properly established in relation to an acceptable point, or points, for the beginning and control of the land described from it. The point may be represented by a post, a tree, an iron pipe, or rod, an intersection of two streets or the intersection of two lines having dissimilar qualifications, etc., etc. but it must be clearly identified or its value will be lost. Furthermore, the designation of the point of beginning must not only cover it physical attributes but should include references to its legal relationship to other matters… When the true point of beginning of the subject property is not yet established, it must depend upon a remote point of beginning which is already recognized.

-        Wattles, Gurdon H., Writing Legal Descriptions in Conjunction with Survey Boundary Control, 1979, at 11.9 & 11.10.

If a principle were stated with respect to the certainty of location of a described area it would include, “The uncertainty of location of the land area described is a function of the distance from the nearest known fixed monument.”… The easiest way to eliminate long calls is the insertion of calls for nearby permanently fixed monuments at the time of conveyancing.

-        Brown, Curtis Maitland and Winfield H. Eldridge, Evidence and Procedures for Boundary Location, 1962, at §15-43.

Nothing is better for marking a point than a stone set with its geometric center at the desired location and a drill hole or mark to indicate the working point. Second to this is an enduring monument very near by to which the point may be referenced. But to utilize private monuments it is essential that they be tied to a superior control, for experience shows that they lack durability and agreement with private monuments of other properties… A geometric point is without dimensions, and the point of beginning should be as definite and limited in area as is consistent with permanence… the point of beginning should be referenced to a superior control.

-        Skelton, Ray Hamilton, The Legal Elements of Boundaries and Adjacent Properties, 1930, at §52 & 53.

A beginning corner is of no greater dignity or importance than any other corner.

-        Raymond, William G., A Text-Book of Plane Surveying, 1896, at 218.

A general description by metes and bounds is fatally defective if it has no definite starting point and if the property is not otherwise described so that it can be identified.

-        Cadle, Farris W., Georgia Land Surveying History and Law, 1991, at 472.

To is a word of exclusion. In a land description to flashes a warning to the surveyor… —look for a call that excludes informative calls of distance, angle, or area. “To a stone,” “to a stake,” “to the corner of Lot 16,” “to the point of beginning,” are all examples of the usage of the word “to” where the distance, area, or course given yields by presumption to the object or point called for.

-        Brown, Curtis M., Boundary Control and Legal Principles, second edition, 1957, at §4.24.