Procedure to Establish Legal Survey
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49-3342 LEGAL SURVEYS- REQUIREMENTS -ENTRY-NOTICE-EFFECT: Surveys shall become legal surveys in the following manner:

Any landowner desiring to establish the location of the line between his land and that of an adjoining landowner may do so as follows:

(a) He shall procure a land surveyor licensed in this state to locate the line in question and shall compensate such land surveyor.

(be) The land surveyor shall notify the owner or owners of adjoining lands that he is going to make the survey, which notice shall be given by registered or certified mail at least twenty (20) days before the survey is started.

(c) Whenever all the owners of the adjoining lands shall consent in writing the notice shall not be necessary.

(d) The lines and corners shall be properly marked, monumented by durable material with letters and figures establishing such line and corners, referenced, and tied to corners shown in the corner record book in the office of the County Surveyor, or to corners shown on a plat recorded in the plat books in the office of the County Recorder.

(e) The land surveyor shall present to the county surveyor for entry in the legal survey record book, a plat of such legal survey, together with proof of notice to the adjoining landowner or landowners, or waiver of such notice. Notice shall be given by the land surveyor to adjoining Iandowners by registered or certified mail within ten (10) days after the filing of the survey.

(f) The lines, as herein located and established, shall be binding upon all landowners affected, their heirs and assigns, unless an appeal is taken as provided for by 1 R.S. 1852, ch.103, 8 (49-3313), as amended. The right to appeal shall commence when the plat of the legal survey is recorded by the county surveyor in the legal survey record book. (Acts 1969, ch.96, §3, p.215).

49-3313. (11966). SURVEY AS PRIMA FACIE EVIDENCE --APPEAL--PROCEEDINGS: The survey of such surveyor shall be prima facie evidence in favor of the corners so established and the lines so run, but an appeal may be taken to the circuit court within ninety (90) days where notice is served on a resident of the county, and within one (1) year where notice is by publication, and such owner is a nonresident of the county, and such court may reverse such survey. Upon such appeal being paid for by any person, such surveyor shall forthwith transmit the papers in his hands touching the same, and copies of the field-notes in the case complained of, without requiring an appeal bond; and such court, in trial of such appeal, may receive evidence of other surveys of the same premises, made by the same or other persons, either before or since the one complained of, and if such court shall decide against such surveyor, it shall enter an order for a resurvey, and such new survey may be made by any other competent person whom the court may designate, from whose decision an appeal may be had in like manner. ( 1 R.S. 1852,ch.103,§8,p.469;Acts 1947,ch. 263,§1,p.1067.)

49-3314. APPEAL--FINDING LINE--ORDER: On the trial of any appeal from a survey and perpetuation by a land surveyor of any boundary line between adjoining lands and the corners thereof, if the court finds against such survey so appealed from, it shall find and determine the true boundary line between such adjoining lands and the corners thereof, and order the county surveyor to locate and perpetuate such line and corners according to such findings, by depositing in the proper places, below freezing point, a stone or other durable material, and mark and make entry thereof in his field notes, as required by law. (Acts 1901, ch.98,§1,p.160; 1969, ch.97,§1,p.216.)

49-3343 PENALTY FOR REMOVING OR DAMAGING MONUMENTS: It shall be unlawful for any person or persons willfully to damage, remove, displace or destroy a monument marking a corner which has been established under the provisions of this act (§§49-3340--49-3344), and punishment for violation thereof shall be given pursuant to §421 (§10-4512),ch.169 of the Acts of 1905. (Acts 1969, ch.96,§4,p.215.)

49-3344 SURVEYOR WORKING UNDER ACT NOT TRESPASSER: A land surveyor, registered as such by the Indiana State Board of Registration for Professional Engineers and Land Surveyors, while lawfully doing any work pursuant to the provisions of this act ( 49-3340--49-3344), shall not be considered a trespasser, but shall be liable only for the actual damage he causes to any property. (Acts 1969, ch.96,§5,p.215.)