(1) A professional land surveyor may prepare an improvement location certificate for the use of a specific client based upon the professional land surveyor's general knowledge of land boundaries and monuments in a given area whether or not the client is the owner or buyer; except that, if the client is not the owner or buyer, the professional land surveyor shall provide a copy of the certificate to the owner or buyer.
(a) (I) A certificate prepared pursuant to subsection (1) of this section shall not be designated as or construed as being a land survey plat or improvement survey plat.
(II) Such certificate shall be prominently labeled "improvement location certificate" and contain a statement in the following form:
IMPROVEMENT LOCATION CERTIFICATE
I hereby certify that this improvement location certificate was prepared for .... (individual or firm) ...., that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. This certificate is valid only for use by .... (individual or firm) .... and describes the parcel's appearance on .... (date) ....
I further certify that the improvements on the above described parcel on this date, .... (insert date) ...., except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted.
StampBy ............ (Signed) ............. or
SealDate ...................................
(b) A professional land surveyor shall assume full liability for each improvement location certificate done by such professional land surveyor or under such professional land surveyor's responsible charge pursuant to paragraph (a) of this subsection (2).
Source: L. 94: Entire article R&RE, p. 1521, § 47, effective July 1. L. 2013: (1) and
(2)(a)(II) amended, (SB 13-161), ch. 356, p. 2094, § 38, effective July 1.
Editor's note: This section is similar to former § 38-51-105, as it existed prior to 1994.