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<title>Plats Referenced in Deeds</title>
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<lastBuildDate>Fri, 17 Jul 2026 09:13:59 GMT</lastBuildDate>
<pubDate>Fri, 1 Apr 2022 12:13:24 GMT</pubDate>
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<title>Plats Referenced in Deeds</title>
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<description><![CDATA[<p>Good, thorough research is an important part of land surveying.</p><p style="margin-left: 40px;">The objective of research is to gather all written evidence (including plats) pertaining to evidence of title and evidence of monument locations.</p><p style="margin-left: 80px;">Brown, Curtis Maitland and Winfield H. Eldridge, <span style="text-decoration: underline;">Evidence and Procedures for Boundary Location</span>, 1962, at §10-12.</p><p style="margin-left: 40px;">The surveyor then, is driven at once to supplement and correct the personal information furnished him by everything in the way of recorded descriptions on which he can lay his hands… To these records must be added such former maps and "cards of land" as may have been made and preserved.</p><p style="margin-left: 80px;">Mulford, A.C., <span style="text-decoration: underline;">Boundaries and Landmarks: A Practical Manual</span>, 1912, at p. 5.</p><p style="margin-left: 80px;">&nbsp;</p><p>Good, thorough research is also required by the Board.</p><p style="margin-left: 40px;">The land surveyor prior to making such a survey shall acquire the following prerequisite data: deeds, maps, certificates of title, centerline data, right of way data, adjacent descriptions, and other boundary line locations in the vicinity as necessary or available.</p><p style="margin-left: 80px;">Chapter 180-7 Technical Standards for Property Surveys, at 180-7-.02(1)(a)</p><p style="margin-left: 80px;">&nbsp;</p><p>This rule covers a lot of required information; but I want to specifically focus on plats or surveys referenced in the deeds.</p><p style="margin-left: 40px;">It is well settled that where a plat is referred to in a deed, as a part of the description of the land conveyed, such plat becomes an essential part of the description...</p><p style="margin-left: 80px;">Clark, Frank Emerson, <span style="text-decoration: underline;">Clark on Surveying and Boundaries: A Treatise on the Law of Surveying and Boundaries</span>, second edition, 1939, at §491.</p><p style="margin-left: 40px;">Principle: Writings or plats, referred to in a conveyance for the purposes of identifying land, are to be regarded as a part of the conveyance itself, as much as if incorporated into it.</p><p style="margin-left: 80px;">Brown, Curtis Maitland and Winfield H. Eldridge, <span style="text-decoration: underline;">Evidence and Procedures for Boundary Location</span>, 1962, at §2.25.</p><p style="margin-left: 40px;">Where lines are laid down on a plan, and are referred to in a conveyance of land, the courses and distances on such plan are as much to be regarded as the true description of the land, as if they were expressly recited in the deed. The fact that the conveyance refers to the lines in question make the boundaries of the tract certain.</p><p style="margin-left: 80px;">Clark, Frank Emerson, <span style="text-decoration: underline;">Clark on Surveying and Boundaries: A Treatise on the Law of Surveying and Boundaries</span>, second edition, 1939, at §452.</p><p style="margin-left: 40px;">A map, plan or survey referred to in a deed becomes a part of the latter instrument and is to be construed therewith; and courses and distances or other particulars which appear on such maps, plan or survey are to be considered as a true description, for by referring to a map the grantor adopts it. The map referred to need not be recorded.</p><p style="margin-left: 80px;">Skelton, Ray Hamilton, <span style="text-decoration: underline;">The Legal Elements of Boundaries and Adjacent Properties</span>, 1930, at §13.</p><p style="margin-left: 40px;">If a plan is referred to in a deed then the plan becomes a part of the description.</p><p style="margin-left: 80px;">Breed, Charles B. and George L. Hosmer, <span style="text-decoration: underline;">The Principles and Practice of Surveying, Volume I. Elementary Surveying</span>, eighth edition, 1945, at 138.</p><p style="margin-left: 40px;">Where a deed in describing property refers to a map or plat as marking the natural boundaries of such property, such plat should be considered as giving the true description, as much as though it was marked down on the deed.</p><p style="margin-left: 80px;">Clark, Frank Emerson, <span style="text-decoration: underline;">Clark on Surveying and Boundaries: A Treatise on the Law of Surveying and Boundaries</span>, second edition, 1939, at §482.</p><p style="margin-left: 40px;">Where lines are laid down on a map or plan and are referred to in a conveyance of land, the courses, distances, etc., appearing on such plan are to be as much considered the true description of the land conveyed as they would if expressly recited in the deed.</p><p style="margin-left: 80px;">Johnson, J.B. and Leonard S. Smith, <span style="text-decoration: underline;">The Theory and Practice of Surveying</span>, seventeenth edition, 1914, at 191.</p><p style="margin-left: 40px;">A plat is in reality a record of the work performed in the field and a representation of the lines actually staked, and therefore a reference to a map is virtually a call for the monuments represented thereon; that is the stakes, corner stones and monuments shown as fixing the terminals of the lines actually run in the field.</p><p style="margin-left: 80px;">Skelton, Ray Hamilton, <span style="text-decoration: underline;">The Legal Elements of Boundaries and Adjacent Properties</span>, 1930, at §154.</p><p style="margin-left: 40px;">The conclusiveness of the written words of a deed also applies with the same force to all documents called for in the deed. If a certain map is called for, all of the writings and monuments called for on the map have just as much conclusive control as though the writings and monuments were called for by the deed itself.</p><p style="margin-left: 80px;">Brown, Curtis Maitland and Winfield H. Eldridge, <span style="text-decoration: underline;">Evidence and Procedures for Boundary Location</span>, 1962, at §2-23.</p><p style="margin-left: 40px;">Where a deed refers to a plat and the parties acted with reference to the plat, all the monuments shown on the plat have as much force as if mentioned in the writings itself.</p><p style="margin-left: 80px;">Brown, Curtis M., <span style="text-decoration: underline;">Boundary Control and Legal Principles</span>, second edition, 1969, at §4.21.</p><p style="margin-left: 40px;">If a public record is filed for the survey called for, all of the evidence disclosed on the plat is incorporated into the deed.</p><p style="margin-left: 80px;">Brown, Curtis Maitland and Winfield H. Eldridge, <span style="text-decoration: underline;">Evidence and Procedures for Boundary Location</span>, 1962, at §15-28.</p><p style="margin-left: 40px;">When reference is made in a description to a government or other survey, such survey becomes a legal part of the description and must be used in its interpretation.</p><p style="margin-left: 80px;">Johnson, J.B. and Leonard S. Smith, <span style="text-decoration: underline;">The Theory and Practice of Surveying</span>, seventeenth edition, 1914, at 189.</p><p style="margin-left: 80px;">&nbsp;</p><p>You also have to get the surveys or plats referenced in adjoining deeds.</p><p style="margin-left: 40px;">Principle. Where a property description calls for a plat or map and the parties acted with reference to the map, the plat or map becomes a part of the description as much as if it were expressly recited in the deed itself. Whenever a map or plat is called for, the monuments, distances, bearings, and data of the plat became a part of the description… It makes no difference whether the map was legally recorded or not provided the map or plat was referred to and is identifiable as the one referred to. A call for an adjoiner often includes a call for a map or plat not mentioned in the deed; thus, “to Smith's west line” includes any plat in Smith's deed which determines Smith’s west line.</p><p style="margin-left: 80px;">Brown, Curtis M., <span style="text-decoration: underline;">Boundary Control and Legal Principles</span>, second edition, 1969, at §4.10.</p><p style="margin-left: 40px;">A plat may often establish an adjoiner not mentioned in a deed description, and this may take precedence over the courses and distances of the plat.</p><p style="margin-left: 80px;">Skelton, Ray Hamilton, <span style="text-decoration: underline;">The Legal Elements of Boundaries and Adjacent Properties</span>, 1930, at §163.</p><p style="margin-left: 80px;">&nbsp;</p><p>How important is it to get these plats or surveys that are referenced in the deeds? Well, it’s as important as finding the pins (monuments) called for in the deeds.</p><p style="margin-left: 40px;">It is common practice to refer to maps, plats and/or field notes in descriptions and it has been held that such reference includes facts shown on that reference and legally incorporates them into the description, and furthermore, they are deemed to possess the same status, as such, as monuments.</p><p style="margin-left: 80px;">Wattles, Gurdon H., <span style="text-decoration: underline;">Writing Legal Descriptions in Conjunction with Survey Boundary Control</span>, 1979, at 7.10.</p><p style="margin-left: 40px;">Mention of a map, whether of public record or not, but preferably of public record, carries the same status <em>as a monument</em>.</p><p style="margin-left: 80px;">Wattles, Gurdon H., <span style="text-decoration: underline;">Writing Legal Descriptions in Conjunction with Survey Boundary Control</span>, 1979, at 5.17.</p><p style="margin-left: 40px;">A map as a monument controls calls for course and distance, either in a deed, or on the map itself, and a description of a block of land by a metes and bounds or courses and distances is subordinate to the description of the same by its number according to an official plat and must yield in case of conflict unless the intention of the parties as clearly expressed in the deed itself supports the calls for metes and bounds. The basis of this rule is the superior clearness of a pictorial representation over a verbal description and the ease with which errors may arise in transcribing the courses and distances upon the plat or in incorporating them in a description.</p><p style="margin-left: 80px;">Skelton, Ray Hamilton, <span style="text-decoration: underline;">The Legal Elements of Boundaries and Adjacent Properties</span>, 1930, at §161.</p><p style="margin-left: 40px;">In Corpus Juris under “Boundaries,” it states, “Where in a description of land a reference is made in the instrument by which it is granted to a map, plat or field notes, together with calls for courses and distances, the latter will generally yield to the former, in case there is a conflict or discrepancy between them, and will control the location of the boundary.”</p><p style="margin-left: 80px;">Wattles, Gurdon H., <span style="text-decoration: underline;">Writing Legal Descriptions in Conjunction with Survey Boundary Control</span>, 1979, at 2.7.</p><p style="margin-left: 40px;">Where a map or plan of a tract of land with lines drawn upon it marking its boundaries and with the natural objects upon its surface laid down, is referred to in a deed as containing a description of the premises therein conveyed, this map or plan is to be regarded as a true description of the land conveyed, as much as if it was expressly recited and marked down in the deed itself, and “where there is a description by courses and distances and one by reference to known monuments, the latter prevails; and a map or plan referred to… stands upon the same footing <em>as a monument</em> and is of even higher authority,” but the courses and distances as indicated on the plat do not enjoy this prestige.</p><p style="margin-left: 80px;">Skelton, Ray Hamilton, <span style="text-decoration: underline;">The Legal Elements of Boundaries and Adjacent Properties</span>, 1930, at §155.<br /></p>]]></description>
<pubDate>Sat, 26 Mar 2022 14:03:29 GMT</pubDate>
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<description><![CDATA[You set a good example for us all:  We should review our old textbooks and other writings often to remind ourselves of the principles that guide the conscientious surveyor every day.  Unfortunately, there are those among us who will not research adjoiners or do the other things that make a "good surveyor".   They rely on the ignorance, relative to surveying matters, of the typical client to get away with substandard work.  Maybe if we get our own board we will have the resources to investigate those who cheapen our beloved profession and call them to account.]]></description>
<pubDate>Fri, 1 Apr 2022 13:13:24 GMT</pubDate>
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