70-22-103. Definitions. Except when the context indicates a different meaning, terms used in this part must be defined as follows:
(1) An "accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects.
(2) The "board" means the board of professional engineers and professional land surveyors provided for in 2-15-1763.
(3) A "corner", unless otherwise qualified, means a property corner or a property controlling corner or a public land survey corner or any combination of these.
(4) A "monument" means an accessory that is presumed to occupy the exact position of a corner.
(5) A "property controlling corner" for a property means a public land survey corner or any property corner that does not lie on a property line of the property in question but that controls the location of one or more of the property corners of the property in question.
(6) A "property corner" means a geographic point on the surface of the earth and is on, is a part of, and controls a property line.
(7) A "public land survey corner" means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government.
(8) A "reference monument" means a special monument that does not occupy the same geographical position as the corner itself but whose spatial relationship to the corner is recorded and that serves to witness the corner.
(9) A "surveyor" means a person who is licensed to practice land surveying under Title 37, chapter 67, and has a paid-up license for that calendar year or who is authorized under Title 37, chapter 67, to practice land surveying.
History: En. Sec. 3, Ch. 202, L. 1963; amd. Sec. 320, Ch. 350, L. 1974; R.C.M. 1947, 67-2003; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 73, Ch. 83, L. 1989; amd. Sec. 74, Ch. 492, L. 2001.
Structure Montana Code Annotated
Chapter 22. Corner Recordation Act Surveys and Coordinates
Part 1. Corner Recordation Act
70-22-104. Filing of corner record required
70-22-105. Filing permitted as to any corner or accessory
70-22-106. Filing of records on corners established before effective date
70-22-107. Form and contents of record -- board to prescribe
70-22-108. Corner records to be certified
70-22-109. Duties of county clerk
70-22-110. Surveyor to rehabilitate monument