Definitions

PURPOSE: This rule defines the various technical and legal terms used in Chapter 61. (1) Alteration of a corner—Changing the physical monumentation of a corner or adding witness accessories. (2) Corners of the United States Public Land Survey—Those points that determine the boundaries of the various subdivisions represented on the official plat such as the township corner, the section corner, the quarter section corner, blank quarter section corners, fractional section corner, center of section, grant corner, lot corner, and meander corner. (3) Date of the field work—Is the date on which the monument was physically altered or removed and referenced. (4) Existent corner—A corner whose position can be identified by verifying the evidence of the original monument or its accessories, or by some physical evidence described in the field notes, or located by an acceptable supplemental survey record or some physical evidence thereof, or by testimony. The physical evidence of a corner may have been entirely obliterated, but the corner will be considered existent if its position can be recovered through the testimony of one (1) or more witnesses who have a dependable knowledge of the original location. A legally reestablished corner shall have the same status as an existent corner. (5) Lost corner—A corner whose position cannot be determined, beyond reasonable doubt, either from traces of the original marks or from acceptable evidence or testimony that bears upon the original position. (6) Monument—The physical object which marks the corner point determined by the surveying process. The accessories, such as bearing trees, bearing objects, reference monuments, mounds of stone, and other similar objects that aid in identifying the corner position, are also considered a part of a corner monument. (7) Reestablishment of a corner—The monumentation of a lost corner whose position has been determined by proportionate measurement. (8) Reference monument—A monument set in such a manner and location that the position of the actual corner can be located from it by direction and distance or by two (2) distances when two (2) reference monuments are set. (9) Removal of a corner—The complete elimination of an existing corner monument. (10) Restoration of a corner—The alteration of an existent corner. AUTHORITY: sections 60.321 and 60.550, RSMo 2016.* Rule originally filed as 10 CSR 30-3.010. Original rule filed Dec. 8, 1975, effective Dec. 18, 1975. Rescinded and readopted: Filed Feb. 10, 1982, effective May 13, 1982. Rescinded and readopted: Filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-61.010 and amended: Filed Dec. 1, 2016, effective June 30, 2017. Amended: Filed Jan. 13, 2022, effective July 30, 2022. *Original authority: 60.321, RSMo 1989, amended 2013, and 60.550, RSMo 1969, amended 2013.