Case Study: 47-Number Survey

901 Words4 Pages
First, just because a surveyor is deceased does not mean that his survey can only be recorded as a deceased surveyor map under the NC GS § 47-30(h). NC GS § 47-30(d) states … “[N]othing in this requirement shall prevent the recording of a map that was prepared in accordance with a previous version of G.S. 47-30 as amended, properly signed, and notarized under the statutes applicable at the time of the signing of the map. However, it shall be the responsibility of the person presenting the map to prove that the map was so prepared.” In accordance with this section of the statute, a map that complies with a previous version of 47-30 may be recorded as any other map even if the signing surveyor is now deceased. NC GS § 47-30(h) allows for…show more content…
NC GS 47-30(h) states that “Nothing in this section shall be deemed to prevent the filing of any plat prepared by a registered land surveyor but not recorded prior to the death of the registered land surveyor.” North Carolina General Statute 47-30(a) and 47-30(b) address the size of the plat and its reproducibility respectively, each being a requirement for recording in the office of the Register of Deeds. It appears that these plats are exempted from these recorded requirements under paragraph 47-30(h). In closely reading 47-30(h) only those deceased surveyor plats that do not have the surveyor’s signature, notary acknowledgement or probate are required to be filed in a special plat file. Many of County Register of Deeds do not have a physical special plat file. In order to compensate for this, the Rregister should consider using a designation of “Special Plat File” or “Deceased Surveyor Plat” in the designated status field and/or include a notation in the comment field of “DECEASED SURVEYOR PLAT” when indexing a plat under the authorization NC GS 47-30(h) in the Real Property Consolidated…show more content…
It is my opinion that an Aautocad file is too editable to be considered a final representation of the surveyor’s final work product in its electronic form and a print that was not made under the supervision of the surveyor in charge is not his work product. Therefore, a reprint (tangiable medium (paper or mylar) or electronic (PDF or Tiff )) of an Aautocad file not made under the supervision of the now deceased surveyor is not an appropriate document for filing as a deceased surveyor plat. But if the Rregister of Ddeeds accepts electronic filing of plats, a PDF or TIF made under the supervision of the surveyor in charge (now deceased) may be recorded in one of the following forms. Remember once a plat is signed electronically, it becomes the original. Iif it is then printed out, the tangible image is a copy and not eligible to be recorded in the Rregister of Ddeeds. Also, the PDF is the work product of the surveyor in charge (now deceased) not the tangible medium image generated after his

More about Case Study: 47-Number Survey

Open Document