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It goes on to state, “The parcel data is neither a legally recorded map
nor a survey and is not intended to be used as one. The parcel data … Editor’s note (New York Reference):
should be used for reference only. No representation is made that the Excerpt from Education Law Article 145, Professional
features presented accurately reflect true location.” Furthermore, you Engineering, Land Surveying and Professional Geology,
do not know that the data presented is up to date. If a parcel has been section 7209:
divided or if a strip of land has been conveyed for a road right of way …all plans, specifications, plats and reports prepared by
recently, then that information may not be shown on the county assessor’s such land surveyor or by a full-time or part-time subordinate
page or the app. under his or her supervision, shall be stamped with such
On the other hand, surveyors physically locate each property corner, seal and shall also be signed, on the original with the
measure the angles and distances around the boundary, perform the personal signature of such land surveyor when filed with
related calculations, and conduct the necessary research to determine public officials. No official of this state, or of any city,
the exact boundaries of your property. Their data is individually gathered county, town or village therein, charged with the enforcement
and checked for accuracy for each survey. of laws, ordinances or regulations shall accept or approve
any plans, specifications, or reports that are not stamped…
Reason 3. Awareness of the Law
While these apps and the tax maps that they are derived from are As such, the liability for errors is shifted to the surveyor who seals
certainly useful tools for visualizing the boundary lines, there is often the document.
information in a deed that requires an interpretation by the reader, and My dad is not a surveyor. He knows very little about what I do and
awareness of boundary law and the language used in the deed is critical how I do it. He is an avid wood worker, though. So, as we are standing
to interpreting that information properly. There may be conflicts in over his property corner discussing the accuracy of the GPS in his
deeds of adjoining parcels that lead to gaps or overlaps.
phone and the accuracy of the data that he is trying to retrace, I asked
A deed can even have conflicting information within itself. For him if he would ever use his miter saw to create a dovetail joint. He
example, the deed may say to go 100 feet to the right of way line of Main gave me a look of disgust, as though he could not believe I would ask
Street, but the right of way line of Main Street is more than 100 feet away. such a ridiculous question, and replied with a resounding “NO!” “Why
Would you only go 100 feet and come up short of the right of way line or not?” I asked.
ignore the distance and go to the right of way line? What if the deed “Because it’s the wrong tool for the job.”
follows a crooked ditch but the county has straightened the ditch to Technology is incredible. Phones with GPS and apps that show parcel
allow for better drainage? Does the property line follow the new line of information are particularly handy. I know hunters who use them to look
the ditch or stay where the ditch was before the realignment?
for access to their favorite spot. Others want to know who owns the
These are all issues where a proper interpretation of boundary law is parcel next to them so that they can butter them up and ask for permission
required to produce the correct location of the boundary line. County to hunt (or at least know whose property they are going to be trespassing
Tax Assessors and app developers know their employees often lack the onto). Realtors and land developers use them for planning purposes as
expertise required to make those determinations. That is why they they work on their next major retail development or subdivision.
include those previously cited disclaimers on their websites and in their Surveyors use them to know where to look to find section corners or
terms of service. other corners that will be required for our surveys. They are incredibly
useful for the purpose for which they are intended.
Surveyors, however, have the knowledge and experience to interpret
these issues – and countless others like them –in accordance with state However, they are simply the wrong tool for the job when it comes to
law to accurately locate property lines. accurately locating property lines.

4. Accountability About the Author
Who assumes liability should a landowner mark their boundary line Blake Collins is a licensed surveyor in MS, LA,
using one of the apps that we have discussed? According to the terms of AR, TN, and KY with over 20 years of experience.
use quoted earlier, the same company states that they “assume no He has served on the MS Board of Licensure for
liability for any errors or omissions.” In other words, the landowner Professional Engineers and Surveyors since 2021,
assumes total liability for any mistakes that this company makes, and currently serving as the Board Vice President,
they even take on the liability for inaccuracies in the data that they previously served as the Board Secretary. Blake also serves on
receive from the app they are using. NCEES’ Southern Zone Awards Committee.
Article originally appeared in the September 2023 issue of PepTalks, published
Conversely, the Rules and Regulations of the Mississippi Board of by the Mississippi Board of Licensure for Professional Engineers and
Licensure for Professional Engineers and Surveyors states in Chapter Surveyors. It is reprinted with permission of the author and the Board.
14 that: a surveyor is required to seal all surveys and that
seal constitutes a certification that the document was
prepared by the surveyor or under his/her direct supervision.
EMPIRE STATE SURVEYOR / VOL. 61 • NO 6 / 2025 • NOVEMBER/DECEMBER 13