SECTION 138.85. Boundary Construction

When delineating a boundary line as an integral portion of a survey, the land surveyor shall:

(1) Respect junior/senior rights for boundary retracement;

(2) Follow the footsteps of the original land surveyor;

(3) Follow the documented records of the land title affecting the boundaries being surveyed;

(A) Rely on the appropriate deeds and/or other documents including those for adjoining parcels for the location of the boundaries of the subject parcel(s).

(B) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for such research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed. The land surveyor may rely on record data related to the determination of boundaries furnished for the registrants' use by a qualified provider, provided the registrant reasonably believes such data to be sufficient and notes, references, or credits the documentation by which it is furnished.

(C) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the land surveyor's opinion of the boundary location shall be supported by other appropriate physical evidence, which shall be explained in a land surveyor's sketch or written report.

(D) Shall review the record instruments that identify the adjacent properties researched to prepare the boundary and cite the record instruments on the drawing.

(4) Follow the intent of the boundary location as evidenced by the record; and

(5) Respect the proper application of the rules of dignity (priority) of calls, and applicable statutory and case law of Texas.

Source Note: The provisions of this §138.85 adopted to be effective April 1, 2021, 46 TexReg 2019