§ 38-51-111 — Surveyor's affidavit of correction

(1) If an error described in
subsection (2) of this section is discovered on any subdivision plat, land survey plat,
or any other survey plat or parcel description duly recorded in the clerk and
recorder's office of the county in which the subdivision, land, or parcel is situated,
the professional land surveyor of record may prepare and record in that clerk and
recorder's office a surveyor's affidavit of correction to correct the error.

(2) The following errors may be corrected by a surveyor's affidavit of
correction:

(a) Any bearing, distance, or elevation that has been omitted or labeled
incorrectly;

(b) Any text that has been misspelled or mislabeled;

(c) Any error or omission, if the error or omission is ascertainable from the
data shown on the recorded plat or parcel description; or

(d) An error within a parcel description shown on a recorded plat.

(3) The surveyor's affidavit of correction shall contain a reference to the
recording information of the document being corrected and the signature and seal
of the professional land surveyor of record, and shall not be subject to review
before being recorded pursuant to subsection (4) of this section. The professional
land surveyor of record shall submit a copy of the surveyor's affidavit of correction
to the appropriate reviewing authority, citing the specific provision under
subsection (2) of this section that applies to the error being corrected.

(4) The clerk and recorder of the county in which a surveyor's affidavit of
correction is submitted for recording shall record the affidavit in the clerk and
recorder's office of the county in which the property lies and provide at least one of
the following:

(a) A clerk's note referring to the surveyor's affidavit of correction upon the
recorded plat or parcel description; or

(b) An electronic reference to the surveyor's affidavit of correction for the
recorded plat or parcel description.

(5) Nothing in this section shall be construed to permit changes in courses,
distances, or elevations for the purpose of redesigning any lot, tract, or parcel
configurations.

(6) A surveyor's affidavit of correction shall not be recorded for a correction
not listed in subsection (2) of this section.

Legislative History

Source: L. 2010: Entire section added, (HB 10-1085), ch. 95, p. 324, � 5, effective August 11.