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California Business and Professions Code Section 8762

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 8762

(a) Except as provided in subdivision (b), after making a
field survey in conformity with the practice of land surveying, the
licensed surveyor or licensed civil engineer may file with the county
surveyor in the county in which the field survey was made, a record
of the survey.
   (b) Notwithstanding subdivision (a), after making a field survey
in conformity with the practice of land surveying, the licensed land
surveyor or licensed civil engineer shall file with the county
surveyor in the county in which the field survey was made a record of
the survey relating to land boundaries or property lines, if the
field survey discloses any of the following:
   (1) Material evidence or physical change, which in whole or in
part does not appear on any subdivision map, official map, or record
of survey previously recorded or properly filed in the office of the
county recorder or county surveying department, or map or survey
record maintained by the Bureau of Land Management of the United
States.
   (2) A material discrepancy with the information contained in any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States. For purposes of this
subdivision, a "material discrepancy" is limited to a material
discrepancy in the position of points or lines, or in dimensions.
   (3) Evidence that, by reasonable analysis, might result in
materially alternate positions of lines or points, shown on any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States.
   (4) The establishment of one or more points or lines not shown on
any subdivision map, official map, or record of survey, the positions
of which are not ascertainable from an inspection of the subdivision
map, official map, or record of survey.
   (5) The points or lines set during the performance of a field
survey of any parcel described in any deed or other instrument of
title recorded in the county recorder's office are not shown on any
subdivision map, official map, or record of survey.
   (c) The record of survey required to be filed pursuant to this
section shall be filed within 90 days after the setting of boundary
monuments during the performance of a field survey or within 90 days
after completion of a field survey, whichever occurs first.
   (d) (1) If the 90-day time limit contained in subdivision (c)
cannot be complied with for reasons beyond the control of the
licensed land surveyor or licensed civil engineer, the 90-day time
period shall be extended until the time at which the reasons for
delay are eliminated. If the licensed land surveyor or licensed civil
engineer cannot comply with the 90-day time limit, he or she shall,
prior to the expiration of the 90-day time limit, provide the county
surveyor with a letter stating that he or she is unable to comply.
The letter shall provide an estimate of the date for completion of
the record of survey, the reasons for the delay, and a general
statement as to the location of the survey, including the assessor's
parcel number or numbers.
   (2) The licensed land surveyor or licensed civil engineer shall
not initially be required to provide specific details of the survey.
However, if other surveys at the same location are performed by
others which may affect or be affected by the survey, the licensed
land surveyor or licensed civil engineer shall then provide
information requested by the county surveyor without unreasonable
delay.
   (e) Any record of survey filed with the county surveyor shall,
after being examined by him or her, be filed with the county
recorder.
   (f) If the preparer of the record of survey provides a
postage-paid, self-addressed envelope or postcard with the filing of
the record of survey, the county recorder shall return the
postage-paid, self-addressed envelope or postcard to the preparer of
the record of survey with the filing data within 10 days of final
filing. For the purposes of this subdivision, "filing data" includes
the date, the book or volume, and the page at which the record of
survey is filed with the county recorder.

Last modified: February 13, 2012