# Title 28 — Engineers and Land Surveyors, Board of Registration for Professional

## Article 28-02.1 — Engineer and Land Surveyor Registration

## Chapter 28-02.1-13 — Documents Used to Convey Real Property or Any Interest Therein

Property
### § 28-02.1-13-01. Survey requirements for preparation of legal descriptions and conveyance of

property.
Any registrant preparing a description, including without limitation a legal, property, or boundary
description for, or assisting in the filing of, a document that will, or may, be used to convey or acquire
real property or any interest therein, other than easements, including without limitation an auditor's plat,
outlot, deed, or conveyance of rights of way, must conduct a survey of the property being conveyed and
comply with all the requirements related thereto contained in North Dakota Century Code sections
Preliminary descriptions and documents used for negotiations for real property, interests in real
property, rights of way, and easements are not subject to the requirements of this chapter; however, all
such preliminary documents must bear a statement that the document is preliminary, it does not
represent a complete boundary survey, and the document is not intended for construction, recording, or
implementation. The statement must appear prominently on the face of the preliminary document.
Descriptions prepared by a registrant which are, or may be used to acquire or convey rights of way
in which possession of title is obtained may be prepared without the setting of all exterior monuments if
all four of the following requirements are met:
1. The rights of way are retraceable by using established monuments;
2. Exterior monuments are set wherever there is a change of width to the rights of way;
3. Exterior monuments are set wherever there is a change in direction of the rights of way other
than changes of direction at section corners; and
4. Monuments are set at intersections of rights of way with section lines or section line rights of
way.
Descriptions prepared by a registrant which are, or may be used to acquire or convey easements
having a term of five years or more must be retraceable in each section of land over which the
easement crosses by using established subdivision or public land survey system monuments existing
or placed at the time of the easement conveyance.
History: Effective October 1, 2004; amended effective July 1, 2009; October 1, 2021.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-01, 43-19.1-08
