California Surveyors Forums

With regards to Final Maps and Parcel Maps (SMA 66442.5 and 66449), we are familar with the phrase, "This map was prepared by me or under my direction and...in conformance with the requirements of the Subdivision Map Act...".

Recently, I have come across descriptions for deeds and easements which state, "This description was prepared by me or under my direction in accordance with the Subdision Map Act." Is there somewhere in the SMA which pertains to the preparation of descriptions?

If it had stated, "This description was prepared by me or under my direction in accordance with the Professional Land Surveyor’s Act," I could follow the logic that the licensed land surveyor was in responsible charge of the subordinate (PLSA 8705) preparing the description.

What is the reasoning for this statement in a description? Is it a style thing? Is it a code requirement? Is it a CYA?

If the statement refers to the SMA rather than the PLSA, then it would be incorrect. Mostly I have prepared legals with the PLSA statement. I have seen, as a reviewer for a city, no statement about prepared under the direction of anyone and just a stamp with a signature across the stamp with a date. A legal without the prepared by statement is still valid. I think it's a style or CYA thing. I only do it because when I was a tech the LS I worked for wanted it and I've carried it with me into my professional practice.

John:

I like to use the paragraph with reference to the PLS Act at the end of my descriptions because I also reference the person requesting the description. It adds some to the history and send yet another piece of the puzzle into the future for some poor bugger a hundred years from now.

Although, since the world is ending this Saturday, I suppose this is no longer necessary.

The stamp and signature pretty much makes the statement redundant. By signing and sealing, you are making that statement.

Ian, would you give an example of how you reference the person requesting the description? I'm having a hard time visualizing how that would add to the information not already given by the date of preparation and the parties to the first deed (or other document) it appears in.

Think RS Statement...

I just stamp and sign.

We have to wait until Sat huh, Oh well.

My experience is similar to Ryan's in that my mentor/supervisor required the PLSA statement. Ian's RS Statement may be "redundant"; however, the approach helps with the historical aspect especially if the title companies and attorneys do not strip it from future descriptions.

Getting back to the original question, is there somewhere in the SMA which pertains to the preparation of descriptions? I am reviewing other surveyors' descriptions and wanted to be sure if the reference to the SMA was appropriate. I would hate to bleed red.

Jon

I often will include a reference to 66412 when creating a legal description for an exception to the SMA. Primarily when writing descriptions for lease parcels.

I always think it's funny that the person signing can never decide whether it was done by him or under his direction. Does anyone know why this statement doesn't require a selection? Sorry for the high jack.

rpost wrote:I always think it's funny that the person signing can never decide whether it was done by him or under his direction. Does anyone know why this statement doesn't require a selection? Sorry for the high jack.

LOL

Actually I just checked a couple of maps from the 50's and they said "prepared under my direction"

A newer one had "by me, or under my direction,"

I think the certs as shown on County Cert samples has both and you are supposed to choose the applicable one.