La. Admin. Code tit. 46 § LXI-2903

Current through Register Vol. 50, No. 11, November 20, 2024
Section LXI-2903 - Definitions
A. Any terms not specifically defined herein shall be as defined in the most current publication of Definitions of Surveying and Associated Terms as published by the National Society of Professional Surveyors. For the purpose of this Chapter, all the definitions listed that differ from any other source are to be interpreted as written herein.

Artificial Monuments-relatively permanent objects used to identify the location of a corner. Artificial monuments shall retain a stable and distinctive location and shall be of sufficient size and composition to resist the deteriorating forces of nature.

Client-the person with whom the contract for work is made. This may or may not be the owner.

Corner-a point on a land boundary at which two or more boundary lines meet. It is not the same as a monument, which refers to the physical evidence of the corner's location on the ground.

Deed-an instrument in writing which, when executed and delivered, conveys an estate in real property or interest therein.

Description, Legal-a written description usually contained in an act of conveyance, judgment of possession, or recognized by law which definitely locates property by metes and bounds or by reference to government surveys, coordinate systems or recorded maps; a description which is sufficient to locate the property without oral testimony.

Description, Metes and Bounds-a description of a parcel of land by reference to course and distances around the tract, or by reference to natural or artificial monuments.

Encroachment-any structure or obstruction which intrudes upon, invades or trespasses upon the property of another.

May-when used means that a choice on the part of the professional land surveyor is allowed.

Monument-a physical object or structure which marks the location of a corner or other survey point. In public lands surveys, the term corner is employed to denote a point determined by the surveying process, whereas the monument is the physical object installed, or structure erected, to mark the corner point upon the earth's surface. Monument and corner are not synonymous, though the two terms are often used in the same sense.

Natural Monuments-objects which are the works of nature, such as streams, rivers, ponds, lakes, bays, trees, rock outcrops, and other definitive topographic features.

Positional Accuracy-the difference between the actual position of a monument and the position as reported on the plat or map.

Positional Tolerance-the distance that any monument may be mislocated in relation to any other monument cited in the survey.

Prescription-title obtained in law by long possession. Occupancy for the period prescribed by the Louisiana Civil Code, as sufficient to bar an action for the recovery of the property, gives title by prescription.

Right-of-Way-any strip or area of land, including surface, overhead, or underground, encumbered by a servitude. Rights are typically granted by deed for access or for construction, operation and/or maintenance purposes, according to the terms of the grant.

Servitude-an interest held by one person in land of another whereby the first person is accorded partial use of such land for a specific purpose. A servitude restricts but does not abridge the rights of the fee owner to the use and enjoyment of his/her land. The term easement is often used interchangeably with servitude and generally means the same thing.

Shall-the subject is imperative or mandatory and must be done by the professional land surveyor.

Should-past tense of shall and used to express obligation, duty or desirability.

La. Admin. Code tit. 46, § LXI-2903

Promulgated by the Department of Transportation and Development, Board of Registration for Professional Engineers and Land Surveyors, LR 16:1064 (December 1990), amended LR 22:713 (August 1996), amended by the Department of Transportation and Development, Professional Engineering and Land Surveying Board, LR 27:1042 (July 2001), LR 30:1725 (August 2004), LR 37:2414(August 2011), Amended LR 501160 (8/1/2024).
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:688.