Printable Format19-1423. Procedure to establish corners and boundaries; notice, costs. (a) Whenever the owner or owners of one or more tracts of land shall desire to permanently establish the corners and boundaries thereof, such owner or owners shall notify the county surveyor to make a survey thereof and establish such corners and boundaries, and shall furnish to the county surveyor the name or names and address or addresses of all persons residing in the county and elsewhere, so far as known, who may be affected by such survey. The county surveyor shall cause a notice in writing to be served on each person who may be affected by the survey, or their agent or agents residing in such county, stating the time when the county surveyor will begin the survey, and the lines or corners to be established, which notice shall be delivered to the person or left at their usual place of residence, at least six days prior to the day set for the survey.
(b) Notice may be served upon the landowners who may be affected by the survey, and who do not reside in the county, by publication in a newspaper published in the county, if there is one, once in each week for three consecutive weeks, the last publication to be made at least three days prior to the day set for beginning the survey, and in case no newspaper is published in the county, then in some newspaper published in the state which has general circulation in the county, or such notice may be served by mailing, by registered mail, postage prepaid, with return receipt requested, addressed to such person at their usual place of residence with proper post-office address. In all cases where all the landowners interested shall consent in writing, the county surveyor may, at such time as may be agreed upon, proceed to establish such corners and boundaries without serving notice as required by this section. Proof of service of notice as herein provided shall be made and entered of record in the office of the county surveyor, and retained for a period of one year.
(c) All costs incurred by the county surveyor in conducting such survey and proceedings for establishing the corners and boundaries of any tract or tracts of land requested by the owner of such property shall be paid by the party or parties requesting such survey. All costs incurred by the county surveyor in conducting surveys and proceedings for establishing the corners and boundaries of tracts of land which are authorized and directed by the board of county commissioners shall be paid from funds of the county available for such purpose.
History: L. 1891, ch. 89, § 7; R.S. 1923, 19-1423; L. 1961, ch. 136, § 5; L. 1986, ch. 103, § 1; L. 2011, ch. 49, § 11; July 1.
Source or Prior Law:
L. 1879, ch. 177, §§ 1, 2.
Attorney General's Opinions:
County surveyor or engineer; costs of official survey. 82-13.
CASE ANNOTATIONS
1. Title to real estate is not involved in proceedings hereunder. Swarz v. Ramala, 63 Kan. 633, 66 P. 649.
2. Independent action not maintainable to set aside survey for irregularities; appeal must be taken to cure irregularities. Close v. Huntington, 66 Kan. 354, 71 P. 812.
3. Statute of frauds inapplicable to parol boundary agreements followed by possession. Steinhilber v. Holmes, 68 Kan. 607, 75 P. 1019.
4. Report conclusive in absence of appeal. Shanline v. Wiltsie, 70 Kan. 177, 179, 78 P. 436; Edwards v. Fleming, 83 Kan. 653, 658, 112 P. 836.
5. Sufficiency of service of notice considered. Elting v. Duncan, 80 Kan. 421, 423, 121 P. 353.
6. Surveyor has no jurisdiction to construe deeds. Boyer v. Champeny, 125 Kan. 319, 263 P. 1066.
7. Surveyor not under this section, but if unquestioned stands. City of Emporia v. Humphrey, 132 Kan. 682, 685, 297 P. 712.
8. Private survey by county surveyor without notice, properly admitted evidence. Simpson v. Goering, 161 Kan. 558, 560, 170 P.2d 831.
9. Cited; surveyor's report competent but not conclusive evidence of boundary under K.S.A. 19-1414. Craig v. Paulk, 162 Kan. 280, 283, 176 P.2d 529.
10. Survey does not determine title to realty claimed by adverse possession. Wagner v. Thompson, 163 Kan. 662, 670, 186 P.2d 278.
11. Survey to establish corners and boundaries considered and held properly made. Neiman v. Davis, 166 Kan. 246, 200 P.2d 323.
12. Survey establishes corners and boundary lines; does not determine title. In re Moore, 173 Kan. 820, 825, 252 P.2d 875.
13. Claim that improper notice was given could only be made by party who was not properly notified. Frey v. Feeders, 207 Kan. 764, 765, 767, 769, 486 P.2d 1377.
14. All landowners adjacent to boundary line benefit from official survey. Gnadt v. Durr, 208 Kan. 783, 784, 786, 494 P.2d 1219.
15. Survey conducted in strict conformance with statutory provisions; establishes corners and boundaries of the section. Mahlandt v. Jabes, 232 Kan. 435, 438, 658 P.2d 356 (1983).