Easements and Property Descriptions

PURPOSE: This rule defines which easements and property descriptions shall be prepared by a Professional Land Surveyor. (1) In accordance with section 327.272(3) and (4), RSMo, the subdivision of a parcel of property to create a new parcel and the creation of a new recordable property description for that parcel is considered the practice of professional land surveying. A new recordable property description is defined as a description for any parcel of land that is not or has not previously been identified in the public record. (2) A permanent easement is a recordable document for the acquisition and conveyance of property rights. Creating a permanent easement encumbers a parcel of property and affects real property rights. A professional land surveyor shall locate the boundary that an easement is based upon. (3) The following services are not required to be performed by a professional land surveyor because the location of boundary lines is not affected: (A) When the only property right being acquired or conveyed is access rights. (B) When the only property right being acquired is a temporary easement. (C) When the entire property is being acquired, and the property description is being copied from a previous deed of record. (D) When at least one (1) boundary of the easement is contiguous with the property line in accordance with section (2) and is of uniform width. AUTHORITY: section 327.041, RSMo 2016.* Original rule filed May 30, 2018, effective Dec. 30, 2018. *Original authority: section 327.041, RSMo 1969, amended 1981, 1986, 1989, 1993, 1995, 1999, 2001, 2010, 2014.