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OHIO ADMINISTRATIVE CODE
CHAPTER 4733-38
Minimum Standards for Mortgage Location Surveys in the State of Ohio
Note: Chapter 4733-38 of the Administrative
Code was filed pursuant to Chapter 119 of the Revised Code.
4733-38-01 Preamble
4733-38-02 Research and Investigation
4733-38-03 Monumentation
4733-38-04 Measurement Specifications
4733-38-05 Mortgage Location Survey Plat
4733-38-01 PREAMBLE
These standards are
intended to be the minimum requirements for mortgage location surveys in the
State of Ohio.
A "Mortgage Location Survey" shall
be defined as an instrumentality, common to the mortgage lending industry,
whereby, substantial proof is submitted to the mortgage lender and/or title
insuror that the building(s) and/or other improvements are actually located on
the land covered by the legal description in the mortgage and that said mortgage
location survey is a professional service provided by professional surveyors
solely for the intent of and use by the mortgagee and/or title insuror.
The mortgage location survey does not constitute an improvement to the property,
and is only a professional opinion which these parties may use as a guide to
arrive at any decisions they may wish to make concerning said real property.
HISTORY: Eff. 2/15/90
Authority: R.C. Chapter 4733
4733-38-02 RESEARCH AND INVESTIGATION
(A) The professional
surveyor shall use the description furnished by the client to perform the
mortgage location survey. If the professional surveyor determines the
description to contain apparent incompleteness of insufficiencies, the
professional surveyor shall so advise the client.
(B) After all necessary written documents, as furnished by
the client, have been analyzed, the survey shall be based on a field
investigation of the property. The professional surveyor shall make a
thorough search for physical monuments and analyze evidence of occupation.
HISTORY: Eff. 2/15/90
Authority: R.C. Chapter 4733
4733-38-03 MONUMENTATION
The professional surveyor
need not set boundary monumentation under the provision herein unless the client
requests boundary monumentation be set. If requested to set boundary
monumentation, the professional surveyor shall conform to all provisions of rule
4733-37-03 of the Administrative Code.
HISTORY: Eff. 2/15/90
Authority: R.C. Chapter 4733
4733-38-04 MEASUREMENT SPECIFICATIONS
All measurements shall be made in accordance
with the following specifications:
(A) The
professional surveyor shall keep his equipment in such repair and adjustment as
to conform to the provisions of paragraph (A) of rule 4733-37-04 of the
Administrative Code.
(B) Every
measurement of distance shall be made either directly or indirectly in such a
manner that the linear error in the reported distance shall not exceed:
(1) Two-tenths (0.2) of a foot for major improvements [see paragraph (G) of Rule
4733-38-05 of the Administrative Code].
(2) One-half (0.5) of a foot for major improvement location [see paragraph (J)
of Rule 4733-38-05 of the Administrative Code]. When a case arises wherein
a greater linear error will not create ambiguity of locations (i.e., tracts
where the improvements are located substantial distances from boundaries), then
the professional surveyor ay use a greater linear error, provided the tolerance
is clearly indicated on the survey plat (e.g., 500 feet +/-5 feet).
HISTORY: Eff. 2/15/90
Authority: R.C. Chapter 4733
4733-38-05 MORTGAGE LOCATION SURVEY PLAT
The professional surveyor
shall include the following information on the mortgage location survey plat:
(A) A title
such that the general location of the survey can be identified.
(B) A North
arrow
(C) The
boundary lines as cited in the legal description, including pertinent references
therein.
(D) The
written and graphical scale of the drawing.
(E) The date
of survey.
(F) The
professional surveyor's name, registration number, signature, and seal in
accordance paragraph (C) (10) of Rule 4733-37-05 of the Administrative Code.
(G) Major
improvements (permanent structures) shall be shown with dimensions and
description (e.g., residence, garages, out-buildings with foundation, in-ground
pools, and the like).
(H) Easement
limits and building set-back lines as indicated on the recorded plat or as
supplied by the client.
(I) Visible
utility facilities requiring an easement and located outside known easements,
crossing the subject property and serving others, such as, though not limited
to: pole lines, manholes, inlets and pedestals and the like.
(J) Major
improvement locations shall be shown with dimensions to the nearest property
lines, with a minimum of two dimensions shown, and shall be sufficient to
located the structure (offsets shall be shown perpendicular to straight property
lines and radially to curved property lines).
(K) Apparent
encroachments shall be noted and shown in an obvious manner.
(L) The
address posted on the building(s), if available.
(M) Observed
problems of ingress and egress and joint drive.
(N) Fences or
other evidence of possession when not in substantial conformance with the legal
description.
(O) A
statement shall appear on the plat indicating that the survey is a mortgage
location survey prepared in accordance with Chapter 4733-38 of the
Administrative Code, and is not a boundary survey pursuant to Chapter 4733-37 of
the Administrative Code.
(P) Number
each page showing individual page numbers along with number of pages.
HISTORY: Eff. 2/15/90
Authority: R.C. Chapter 4733
MYERS SURVEYING COMPANY,
INC. ¤ 2740 EAST MAIN
STREET ¤ COLUMBUS, OHIO 43209 ¤ (614)235-8677
7:30 AM-5:00 PM ¤ MONDAY-FRIDAY |
