USA Statutes : nevada
Title : Title 26 - PUBLIC LANDS
Chapter : CHAPTER 329 - PERPETUATION OF CORNERS
This chapter may be cited as the Corner
Perpetuation and Recording Law.
(Added to NRS by 1969, 630; A 2003, 77 )
It is the purpose of this
chapter to protect and perpetuate public land survey corners and
information concerning the location of such corners by requiring the
systematic establishment of monuments and recording of information
concerning the location of such corners, thereby providing for property
security and a coherent system of property location and identification,
and eliminating the repeated necessity for reestablishment and
relocations of such corners once they are established and located.
(Added to NRS by 1969, 630; A 2003, 77 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 329.040
to 329.130 , inclusive, have the meanings ascribed to them
in such sections.
(Added to NRS by 1969, 630)
“Accessory to a
corner” means any exclusively identifiable physical object whose spatial
relationship to the corner is recorded. Accessories to a corner may be
bearing trees, bearing objects, monuments, reference monuments, line
trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes or
other physical objects.
(Added to NRS by 1969, 630)
“Board” means the State Board of
Professional Engineers and Land Surveyors.
(Added to NRS by 1969, 630; A 1979, 1103; 1993, 130)
“Corner” means a property corner, a
property-controlling corner, a public land survey corner or any
combination of these.
(Added to NRS by 1969, 630)
“Corner record” means a
written record of the establishment or restoration of a corner or
accessory to a corner.
(Added to NRS by 1969, 630)
“Monument” means a physical
structure that occupies the exact position of a corner.
(Added to NRS by 1969, 630)
“Property-controlling corner” for a property means a public land survey
corner or any property corner which does not lie on a property line of
the property in question, but which controls the location of one or more
of the property corners of such property.
(Added to NRS by 1969, 630)
“Property corner” means a
geographic point on the surface of the earth which is on and a part of a
property line and controls the location of such line.
(Added to NRS by 1969, 630)
“Public land
survey corner” means any corner actually established and monumented in an
original survey or resurvey used as a basis of legal description for
issuing a patent for the land to a private person from the United States
Government.
(Added to NRS by 1969, 630)
“Reference monument”
means a special monument which does not occupy the same geographical
position as the corner itself, whose spatial relationship to the corner
is recorded and which serves to witness the corner.
(Added to NRS by 1969, 630)
“Surveyor” means any person who
is licensed pursuant to chapter 625 of NRS to practice land surveying.
(Added to NRS by 1969, 631; A 1997, 1067)
Except as otherwise provided in NRS 329.145 , a surveyor shall complete, sign and record or
cause to be recorded with the county recorder of the county in which the
corner is situated a written record of the establishment or restoration
of a public land survey corner. Except as otherwise provided in NRS
329.145 , such a recording must be made
for every public land survey corner and accessory to the corner which is
established, reestablished, monumented, remonumented, restored,
rehabilitated, perpetuated or used as control in any survey. The survey
information must be recorded within 90 days after the survey is completed.
(Added to NRS by 1969, 631; A 1991, 1892; 2001, 1762 )
A surveyor is not required to record a corner record if:
1. A corner record is recorded with the county recorder and the
corner is found as described in the record; and
2. All information required in a corner record pursuant to this
chapter is included in:
(a) A record of survey recorded in accordance with the provisions
of NRS 625.340 to 625.380 , inclusive; or
(b) A land subdivision map recorded in accordance with the
provisions of NRS 278.010 to 278.630
, inclusive.
(Added to NRS by 1991, 1892; A 2003, 77 )
A surveyor may
record any corner record as to any property corner, property-controlling
corner, reference monument or accessory to a corner.
(Added to NRS by 1969, 631; A 2003, 77 )
The Board shall, by regulation, prescribe the
information which is to be included in the corner record and the form in
which such corner record is to be presented and recorded.
(Added to NRS by 1969, 631; A 2003, 77 )
The county recorder
of the county containing the corner shall:
1. Receive the completed corner record and preserve it in a
hardbound book. The books must be numbered in numerical order.
2. Make such records available for public inspection during all
usual office hours.
(Added to NRS by 1969, 631; A 1975, 1426; 1979, 1126)
Where
a corner record of a public land survey corner is required to be recorded
pursuant to the provisions of this chapter, the surveyor must reconstruct
or rehabilitate the monument of such corner and the accessories to such
corner so that such corner and accessories may be readily located at any
time in the future.
(Added to NRS by 1969, 631; A 2003, 77 )
No corner record may be
recorded unless it is signed by a professional land surveyor or, in the
case of any agency of the United States Government, by the official
making the survey, who shall designate his official title and the agency
for which he is employed.
(Added to NRS by 1969, 631; A 1989, 797; 2003, 77 )
Corner records
concerning corners established, reestablished or restored may be filed
before July 1, 1969.
(Added to NRS by 1969, 631)
Any surveyor who fails to comply with the
provisions of this chapter is guilty of gross negligence, incompetency or
misconduct in the practice of land surveying as a professional land
surveyor and is subject to disciplinary action pursuant to NRS 625.460
.
(Added to NRS by 1969, 631; A 1985, 1048; 1989, 797)