When a land surveyor performs a land survey of a parcel of unsubdivided land stemming from the public domain, and he files his survey for record, do the monuments he sets to mark the corners thereof become a part of constructive notice of title evidence? Hint, the answer may be "it depends."
This Content Originally Published by a land surveyor to Land Surveyors United Network
I'm inclined to believe "it depends". I have surveyed government land but it was not in a "Public Lands Survey State" under the jurisdiction of the BLM. I think you would have to read the appropriate "Manual of Surveying Instructions". I believe any survey can be contested but to prevail, you have to prove your case. That would be difficult if the first surveyor followed the instructions. Any surveyor surveying in any State is responsible for researching the records & any discrepancies should obviously be noted. I would doubt that any jurisdiction is above the courts.
This would all depend on how well he did his homework. It would also depend on what he found in the field, and how accurate it was from his information. There is always that "not so fine line" if the monument gets to be too far off, then one must note it and go on, call it good?. Too many variables to answer. But, as Charlie said before me, I have never surveyed Public Domain Land either. I would want to see all the information including fieldwork to make a determination.