“IC 36-2-12-10 Maintenance of legal survey record book; procedure for establishing location of line; effect of location and establishment of lines; appeal
Sec. 10. (a) The county surveyor shall maintain a legal survey record book, which must contain a record of all the legal surveys made in the county showing outline maps of each section, grant, tract, subdivision, or group of sections, grants, tracts, and subdivisions in sufficient detail so that the approximate location of each legal survey can be shown. Legal surveys shall be indexed by location.
(b) A landowner desiring to establish the location of the line between the landowner’s land and that of an adjoining landowner by means of a legal survey may do so as follows:
(1) The landowner shall procure a professional surveyor registered under IC 25-21.5 to locate the line in question and shall compensate the professional surveyor.
(2) The professional surveyor shall notify the owners of adjoining lands that the professional surveyor is going to make the survey. The notice must be given by registered or certified mail at least twenty (20) days before the survey is started.
(3) The lines and corners shall be properly marked, monumented by durable material with letters and figures establishing such lines 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.
(4) The professional surveyor shall present to the county surveyor for entry in the legal survey record book a plat of the legal survey and proof of notice to the adjoining landowners. The professional surveyor shall give notice to adjoining landowners by registered or certified mail within ten (10) days after filing of the survey.
(c) The lines located and established under subsection (b) are binding on all landowners affected and their heirs and assigns, unless an appeal is taken under section 14 of this chapter. The right to appeal commences when the plat of the legal survey is entered by the county surveyor in the legal survey record book.
[Pre-Local Government Recodification Citations: 17-3-63-1; 17-3-63-2; 17-3-63-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1991, SEC.34; P.L.57-2013, SEC.91; P.L.159-2018, SEC.7.”
“IC 36-2-12-14 Appeal of survey; procedure
Sec. 14. (a) The owner of property surveyed under this chapter may appeal that survey to the circuit court, superior court, or probate court for the county:
(1) within ninety (90) days if the owner is a resident of the county; or
(2) within one (1) year if the owner is not a resident of the county.
(b) When an appeal is taken under this section, the surveyor shall immediately transmit copies of the relevant field notes and other papers to the court, without requiring an appeal bond.
(c) The court may receive evidence of any other surveys of the same premises. If the court decides against the original survey, it may order a new survey to be made by a competent person other than the person who did the original survey, and it shall:
(1) determine the true boundary lines and corners of the lands included in the survey; and
(2) order the county surveyor to:
(A) locate and perpetuate the boundary lines and corners according to the court’s findings by depositing durable markers in the proper places, below the freezing point;
(B) mark the boundary lines and corners; and
(C) enter the boundary lines and corners in the county surveyor’s field notes.
(d) A new survey made under this section may be appealed under this section.
[Pre-Local Government Recodification Citations: 17-3-58-5 part; 17-3-67-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.170; P.L.159-2018, SEC.8.”