Boundary Line Surveys: Essential for Buyers and Sellers in Kansas
July 29, 2024
With the passage of Kansas state statute 19-1434, it’s now more important than ever for both buyers and sellers to consider getting a boundary line survey. This statute mandates the recording of survey plats and introduces specific requirements for land surveyors and county officials.
Key Points of the Statute:
- Survey Plat Recording:
- Whenever a land surveyor performs a survey resulting in a new legal description or the creation of a new tract of land, a survey plat must be recorded.
- This recording must occur within 90 days after the survey’s completion and be filed with the register of deeds in the county where the survey was conducted.
- The survey plat must be certified with the seal and signature of the land surveyor who conducted the survey, and this surveyor is responsible for ensuring the recording of the survey.
- Alternative Filing Office:
- The board of county commissioners has the authority to designate an alternative county office for the filing of survey plats, excluding subdivision plats, through a resolution.
- This designated office must maintain an index of all surveys by section, township, and range, with surveys of platted lots indexed by subdivision.
- The cost for filing the survey plat at this alternative office cannot exceed the cost of recording similar documents at the register of deeds.
Importance for Buyers and Sellers:
- Accuracy in Property Boundaries:
- For buyers, a boundary line survey ensures that the property’s boundaries are clearly defined, preventing future disputes with neighbors.
- For sellers, providing an accurate boundary line survey can facilitate a smoother transaction and instill confidence in potential buyers.
- Legal Compliance:
- Both parties must ensure that any new legal descriptions or tract creations comply with Kansas state law, thereby avoiding legal complications.
- Clarity in Transactions:
- Having a recorded survey plat provides a clear and official record of the property’s boundaries, which is beneficial for both the current transaction and any future dealings with the property.
In summary, obtaining a boundary line survey is a prudent step for both buyers and sellers in Kansas. It ensures clarity, legal compliance, and helps in the smooth processing of property transactions under the new state statute 19-1434.
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