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CORNER PERPETUATION AND FILING FORMS - WHEN REQUIRED?

In response to a question that arose during a recent Investigatory Hearing, the Board expressed an opinion that Idaho Code Title 55 Chapter 16 relating to Corner Perpetuation and Filing (CP&F) only requires the filing of a CP & F form on public land survey corners, monuments marking the true intersection of lines at Public Land Survey System closing corners and center quarter corners, but allows filing of the forms on any "property corner, property controlling corner, reference monument or accessory to a corner." The Board encourages the filing of CP & F forms on any corner, the perpetuation of which would be in the public interest, regardless of whether the corner is a public land survey corner or some other origin. Keywords: CP&F, corner record, filing, forms, public land survey corners Approved: 7-1992, NB18 Updated 6-10-2020, NB 65

CORNER PERPETUATION AND FILING RECORD FILING - NOTICE

It has been brought to the attention of the Board that some professional land surveyors have not been complying with Title 55, Section 16 of the Idaho Code relating to Corner Perpetuation and Filing. The Board is initiating procedures to assist counties in the maintenance of these records and investigation. 55-1612. Penalty. Professional land surveyors failing to comply with the provisions hereof shall be deemed to be within the purview of Section 54-1220, Idaho Code, and shall be subject to disciplinary action as in said section provided.

55-1612. Penalty. Professional land surveyors failing to comply with the provisions hereof shall be deemed to be within the purview of Section 54-1220, Idaho Code, and shall be subject to disciplinary action as in said section provided.

CORNER PERPETUATION AND RECORDING OF SURVEYS

Inspection of county records by the Board indicates that a number of licensees have been laggard in filing the corner perpetuation forms and record of miscellaneous surveys as required by the Idaho Code. The Board expects to increase enforcement in this area during 1980. For the information of the Idaho licensees, the sections of the Idaho Code, Chapter 16, Corner Perpetuation and Filing, and Chapter 19, Recording of Surveys, of Title 55, are included in the Roster, and it is requested that all licensees refer to these Chapters affecting land surveying in the State of Idaho.

CORNER PERPETUATION AND FILING ACT: The attention of all Land Surveyors performing land surveys in the State of Idaho is directed to Section 551604. Filing Requirements of the Idaho Code, which states:

55-1604. Filing requirements. -- A professional land surveyor shall complete, sign, and file with the county clerk and recorder of the county where the corner is situated a written record of the establishment, reestablishment, or rehabilitation of a corner monument and its accessories. This record shall be known as a "corner record" and such a filing shall be made for every public land survey corner, center one-quarter (1/4) corner and accessory to such corner which is established, reestablished, monumented, remonumented, rehabilitated, perpetuated or used as control in any survey. The survey information shall be filed within ninety days (90) days after the survey is completed, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter. It has been brought to the board's attention on several occasions that there has been a laxness on the part of land surveyors in the State of Idaho in filing corner perpetuation records as required by the Idaho Code. To encourage the filing of the required records, it is the board's intention to perform compliance checks and take disciplinary action where indicated to accomplish the intent of the law.

CORNER RECORDS MAY SHOW FILING INFORMATION

The Board has amended 2000 opinion to read: In response to a request for clarification, the Board issued an opinion that inclusion of the Instrument Numbers, or filing information, if no instrument number is recorded, of corner records is adequate evidence of compliance with Idaho Code Chapter 16, Title 55, as required by Idaho Code §55-1906(2).