STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Senators Zorn, Hertel, Knezek and Proos

ENROLLED SENATE BILL No. 733

AN ACT to amend 1970 PA 132, entitled “An act to provide for the filing of surveys in the office of the register of deeds relative to land divisions; and to prescribe the conditions of the survey,” by amending sections 1 and 3 (MCL 54.211 and 54.213), section 3 as amended by 1992 PA 183.

The People of the State of Michigan enact:

Sec. 1. (1) If lands are surveyed into parcels under sections 108 to 109b of the land division act, 1967 PA 288, MCL 560.108 to 560.109b, or any boundary survey where permanent corners are monumented, the professional land surveyor who prepared the survey shall record a certified copy in the office of the register of deeds in the county in which the land is situated.

(2) If a survey is made for the purposes of describing a parcel in a conveyance of title or describing a parcel as created in a lease for a year or more, a certified copy of that survey shall, within 90 days after the delivery of the survey to the professional land surveyor’s client, be filed for recording with the register of deeds in the county in which the land is situated. The requirements of this act are in addition to those of the land division act, 1967 PA 288, MCL 560.101 to 560.293. Land platted under that act, or land previously surveyed and recorded and for which no change in boundary description is made from a previously recorded survey, need not be recorded.

Sec. 3. (1) The survey map under section 1 shall be prepared on durable white paper 8-1/2 inches wide by 14 inches long. Lines on a map shall be made with nonfading black ink on a scale of not more than 500 feet to an inch. The scale shall be shown on the map, and a true scale reproduction of the map pursuant to the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, shall be recorded. The map shall meet all of the following requirements:

(a) Include a certificate signed and sealed by the licensed professional surveyor who surveyed the parcel or parcels. The certificate shall meet all of the following requirements:

(i) Be typed, lettered, or reproduced legibly with nonfading ink.

(ii) Give a clear, concise description of the land surveyed by bearings and distances, commencing with a corner marked and established in the United States Public Land Survey, or reestablished in accordance with accepted methods.

(iii) Include the relative positional precision of each corner, which shall be within limits accepted by the practice of professional surveying.

(iv) Include certification by the licensed professional surveyor that the requirements of this section have been met.

(b) For land not included in a platted subdivision or condominium, include the exterior boundaries of the land surveyed and divided, together with the line or lines leading to the United States Public Land Survey corner, or corners, from which the land is described. A boundary along a lake or stream shall be defined by a meander line connecting the side boundaries of the parcel. If a lot in a recorded platted subdivision is surveyed or divided, the exterior boundaries of the lot surveyed and divided shall be referenced to existing lot corners and the controlling monuments used for that survey.

(c) If the boundary of the parcel follows or parallels a section line, all of the following requirements:

(i) The section line shall be defined at its extremities by corners established in the United States Public Land Survey or reestablished pursuant to accepted methods or protracted corners monumented under the state survey and remonumentation act, 1990 PA 345, MCL 54.261 to 54.279.

(ii) Each corner of the United States Public Land Survey shall be duly witnessed under the corner recordation act, 1970 PA 74, MCL 54.201 to 54.210d.

(iii) The map shall indicate the kind of object, the bearings and distances to the object, and the kind and material of monumentation marking the corner.

(d) A curved boundary or a curved highway, street, or lot line, shall be defined as follows:

(i) If the curve is contained within the line, by the points of curvature and tangency and compound curvature, central angle, length of arcs, radius, and length and bearing of the long chord.

(ii) If the curve is only partially contained within the line, by the length of arc along the curve, radius, and length and bearing of the short chord.

(iii) If the curve is not regular, by traverse courses and distances.

(e) If an exterior boundary line shows a bearing or length that varies from that recorded in an abutting plat or certified survey, the following note shall be placed along the line “previously recorded as (show bearing or length or both)”.

(f) Include all of the following:

(i) The length and bearing of each line.

(ii) The exact width of each street, highway, alley, and easement.

(iii) The distance on a boundary or lot line from the point of intersection with a meander line to the apparent ordinary high-water line of Great Lakes waters and to the water’s edge of inland lakes and streams.

(iv) A north arrow properly oriented.

(2) The register of deeds shall accept certified survey maps prepared pursuant to this section upon payment of the regular fee as provided in section 2567(1)(a) of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567. The register of deeds shall consecutively number the maps and record them in bound volumes or in a manner adapted to a system of preserving records pursuant to the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406. The maps shall be known as the “certified survey maps of .............. county”, and shall become a part of the land records of the county. The register of deeds shall keep a separate card file or electronic file of the county land records system. The file shall be indexed within the land records system. The file shall specify the unique identifying number or liber and page of the recorded surveys in the bound volume or other record. The specification shall be by section, township, and range and, if the map is a resurvey within the plat, by title of the recorded plat.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor