Authority: IC 25-21.5-2-14

Affected: IC 25-21.5-4-2

Sec. 2. (a) The definitions in this section apply throughout this rule.

(b) "ALTA/ACSM Land Title Survey" refers to an original or retracement survey conducted in accordance with the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys" as the requirements are adopted by the:

1. (1) American Land Title Association;
2. (2) National Society of Professional Surveyors; or
3. (3) American Congress on Surveying and Mapping.

(c) "Controlling monument" means any undisturbed artificial, physical, or record monument called for in a record plat or land title description and controls any combination of the:

1. (1) location;
2. (2) dimensions; or
3. (3) configuration;

of the described tract.

(d) "EDM" refers to electronic distance measurements.

(e) "Land surveyor" means either of the following:

1. (1) A registered land surveyor.

2. (2) An individual who is as follows:

   1. (A) An employee or subordinate of a registered land surveyor.
   2. (B) Exempt from licensure under IC 25-21.5-4-2.

(f) "Original survey" means a survey that is executed for the purpose of locating and describing real property that has not been previously described in documents conveying an interest in the real property.

(g) "Registered land surveyor" means an individual who has been registered by the board in the profession of land surveying under IC 25-21.5.

(h) "Relative positional accuracy" means the value expressed in feet or meters that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the ninety-five percent (95%) confidence level.

(i) "Retracement survey" means a survey of real property that has been previously described in documents conveying an interest in the real property.

(j) "Right-of-way" means land taken by either:

1. (1) easements; or
2. (2) fee simple title;

for the linear routes identified in subsection (k).

(k) "Route survey" refers to surveys executed for the purpose of acquiring an interest in the tracts of land required for the following:

1. (1) Highways.
2. (2) Railroads.
3. (3) Waterways.
4. (4) Pipelines.
5. (5) Electric lines.
6. (6) Any other linear transportation or utility route.

The term does not include surveys executed for acquisition parcels that are of even width and immediately adjacent to an existing title, easement, or right-of-way line and do not require a property survey in order to prepare an accurate legal description for the parcel. Route surveys are not considered either original surveys or retracement surveys.

(l) "Subdivision plat" means a plat of subdivision of land prepared in accordance with either or both of the following:

1. (1) State plat statutes.
2. (2) Local subdivision regulations, or both.

(m) "Theory of location" means applying:

1. (1) federal laws, including 43 U.S.C. 751 through 43 U.S.C. 775;
2. (2) state and local laws; and
3. (3) court precedent;

to establish the position of real property corners.

(State Board of Registration for Professional Surveyors; 865 IAC 1-12-2; filed Jun 21, 1988, 4:05 p.m.: 11 IR 3909; errata filed Feb 5, 1990, 4:15 p.m.: 13 IR 1189; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2240; filed Oct 13, 1992, 5:00 p.m.: 16 IR 885; filed Oct 14, 1993, 5:00 p.m.: 17 IR 408; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed Jan 26, 2004, 11:00 a.m.: 27 IR 1882; filed May 4, 2006, 1:25 p.m.: 29 IR 3007; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR- 865120390RFA; readopted filed Nov 29, 2018, 10:35 a.m.: 20181226-IR-865180404RFA; readopted filed May 30, 2024, 9:42 a.m.: 20240626-IR-865230820RFA) NOTE: 864 IAC 1.1-13-2 was renumbered by Legislative Services Agency as 865 IAC 1-12-2.