Land surveying in Kentucky

Land Surveying in Kentucky is the practice of Land Surveying in the Commonwealth of Kentucky.

Consumer Information

Do I need a Survey?

It is a good idea to have a property survey:

• When buying, selling, investing in or developing property.
• If a boundary location is unknown or unclear.
• Before improvements are made (buildings, fences, excavation, etc.)
• To stop encroachments from adjoining owners.
• To establish easements and rights of way.
• When timber is cut near a property boundary line.
• When recommended by a lending institution.
• When dividing a large tract of land into a smaller tract or tracts.

Type of Surveys

Often a residential customer will request a Boundary Survey. A mortgage inspection is less expensive, but offers much less protection and value. ALTA/ACSM surveys in Kentucky are typically requested only for commercial activity.

• Boundary Survey: A boundary survey of the subject property will be made and the property corners will be located and verified or reset. The improvements on the property will be located and a check for violations or encroachments onto or from the subject property will be made. This survey may be used by the property owner for the construction of a fence or other improvement. Flood plain certification is restricted to a review of the Flood Insurance Rate Maps FIRM(latest revision), and shall not be construed as a confirmation or denial of flooding potential.
• Mortgage Inspection: The sole purpose of this inspection is to obtain mortgage title insurance. This is the minimum service that your lender requires for closing your loan. It is a location of improvements and cursory check for violations or encroachments onto or from the subject property based on existing but not confirmed evidence. This does not constitute a boundary survey and is subject to any inaccuracies that a subsequent boundary survey may disclose; no property corners will be set; and, it should not be used or relied upon for the establishment of any fence, structure or other improvement. Flood plain certification is restricted to a review of the Flood Insurance Rate Maps (FIRM) (latest revision), and shall not be construed as a confirmation or denial of flooding potential.
• ALTA/ACSM Survey: This is the most comprehensive type of survey and improvement location. It covers all the aspects of the boundary survey and improvement location and identification for any additional evidence of possession or use which could be adverse to the interest of the purchaser. This survey may include definitive statements regarding the flooding potential in addition to a review of Flood Insurance Rate Maps (FIRM).
  • See 2005 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS for detailed information.
  • See [1] for updated 2011 standards

Choosing a Surveyor

Most land surveying work is acquired through the personal recommendation of satisfied clients, lending institutions, attorneys, real estate companies and title companies who frequently handle real estate transactions.

Each of Kentucky's 120 counties elects a County Surveyor. However, a consumer can seek services from any licensed Kentucky Professional Land Surveyor. The status of a licensee or firm can be verified online, including checking for Disciplinary Actions in the past 5 years. Formal complaints against a Professional Land Surveyor should be made in writing to the Kentucky Board of Engineers and Land Surveyors.

Right of Entry

Residents should be aware of the right of entry on land of others by a land surveyor, which include persons such as employees that are under the supervision of a Professional Land Surveyor. A professional land surveyor shall not be liable to arrest or a civil action by reason of this entry. No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon his or her land.

State Regulation

Land Surveying in Kentucky is regulated by the Commonwealth in KRS 322. The Standards of Practice are defined in 201 KAR 18:150. Compliance is maintained by the Kentucky Board of Engineers and Land Surveyors, which was established by an Act of the Kentucky General Assembly in 1938.

Land Systems in Kentucky

All chain of title in the Commonwealth traces back to Virginia land patents and Kentucky land patents. The Secretary of State maintains the security and preservation of these historical documents. More recent Deed and Plat records are maintained by Kentucky's County Clerks.

Most of the state utilizes the Metes and bounds land system, which is based on English Common Law and reflects the Commonwealth's original status as a part of Virginia until statehood in 1792. Parts of Western Kentucky, since it was acquired under the Jackson Purchase in 1818, utilizes a rectangular system based on the Public Land Survey System created by the Land Ordinance of 1785.

Units of Measure

Common surveying measures in Kentucky include acre and the survey foot, which are both now referenced in decimal and historically in fraction. For example, a modern survey should list a distance of one-foot and six-inches as 1.50 feet. Historically lengths were also measured as chain (length) and rod (length). A rod is also known as a pole, both being 16.5 feet. A chain is most commonly 66 feet (4 poles) but can also be 33 feet (2 poles).

History

Notable Surveyors in Kentucky History include Daniel Boone, Abraham Lincoln, Thomas Bullitt, George Rogers Clark, and Isaac Shelby.

Technology

Modern technology used in surveying in Kentucky includes GPS, the Total station, and CAD. A popular CAD system with Kentucky Surveyors is Carlson Software, which is headquartered in Maysville, Kentucky. Surveying is also aided by the development of Geographic information systems, such as LOJIC.

Kentucky Association of Professional Surveyors (KAPS)

The Kentucky Association of Professional Surveys (KAPS) maintains and perpetuates an organization for members having common professional problems and interests. The organization provides effective forums for discussion and united action on the part of its members for the enhancement and betterment of professional recognition, status and conditions of employment. KAPS also addresses other matters which contribute to the welfare of the people of the Commonwealth of Kentucky, KAPS membership and State Government.

Further reading

Johnson, E. Polk (1912). A history of Kentucky and Kentuckians, Lewis Publishing Company

External links

• Kentucky Board of Engineers and Land Surveyors
• The Kentucky Association of Professional Surveyors
• Geodetic Control in Kentucky
• Kentucky Land Office
• LOJIC.