Legal Survey Affidavit

LEGAL SURVEY AFFIDAVIT

THIS LEGAL SURVEY AFFIDAVIT is made this day of , by and between Affiant: , License No.: , Company: and Client Name: .

RECITALS

WHEREAS, Client retained Affiant to perform a boundary and topographic survey of the real property commonly described as: (the "Property");

WHEREAS, Affiant is a duly licensed land surveyor qualified to prepare and certify surveys in accordance with applicable professional standards and statutes, and completed the fieldwork and map preparation for the Property on or about ;

WHEREAS, Affiant has examined record title information, evidence of occupancy, visible improvements, monuments, and other data reasonably necessary to prepare the survey and map attached hereto as Exhibit A.

NOW, THEREFORE

The parties agree as follows:

1. PROPERTY DESCRIPTION

2. SCOPE AND STANDARDS

Affiant certifies that the survey was performed under Affiant's direct supervision and prepared in accordance with the standards of practice for land surveying applicable at the time of the survey. The scope included boundary determination, monumentation (where found or set), observation of visible improvements and encroachments, and preparation of a survey map showing the matters described in this affidavit.

3. STATEMENT OF FACTS AND CERTIFICATION

Affiant, being first duly sworn, hereby certifies and affirms under penalty of perjury that the following statements are true and correct to the best of Affiant's knowledge, information and belief:

1. The survey reflects the positions of visible improvements, fences, driveways, and other physical features observed on the ground as of the date of the field survey.
2. To the extent shown on the survey map, Affiant has shown apparent easements and rights-of-way based on record data and evidence of occupation; Affiant makes no independent guarantee as to the completeness of recorded interests not reasonably ascertainable from available records.
3. Monuments: Affiant has noted monuments found and/or set as shown on Exhibit A. Monuments not found are indicated as such on the map and were not discovered after reasonable efforts.
4. No physical encroachment, other than those shown on Exhibit A, was observed by Affiant unless specifically indicated: Improvements Observed: Yes None noted
5. Affiant has inspected available title instruments and other public records reasonably necessary to prepare the survey. Known record matters are shown on Exhibit A; Affiant is not liable for latent defects in title or for recorded matters not disclosed in the records reviewed.

4. EXHIBITS AND ATTACHMENTS

The following exhibits are attached to and incorporated into this affidavit:

5. RELIANCE, LIMITATIONS, AND LIABILITY

Client and Affiant agree that third parties may rely upon the survey only to the extent expressly permitted in writing by Affiant. Affiant's liability, whether in contract, tort or otherwise, for any claim arising out of this survey shall be limited to direct damages and shall not include consequential, incidental, or punitive damages. This limitation shall apply regardless of the cause of action and shall be enforceable to the maximum extent permitted by law.

The survey does not constitute a title search or opinion and should not be relied upon to determine matters of record beyond those matters identified on Exhibit B.

6. NOTICES

7. AMENDMENTS; WAIVER; COUNTERPARTS

This affidavit may be amended only by a written instrument executed by both parties. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. This affidavit may be executed in counterparts, each of which constitutes an original and all of which together constitute one instrument.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This affidavit shall be governed by and construed in accordance with the laws of the state in which the Property is located. This affidavit, together with its exhibits, constitutes the entire agreement between the parties concerning the subject matter herein. If any provision of this affidavit is held invalid or unenforceable, such holding shall not affect the validity or enforceability of the remaining provisions.

9. AFFIANT OATH

Affiant declares under penalty of perjury under the laws of the state in which the Property is located that Affiant is a licensed surveyor, that Affiant made or supervised the making of the survey and map referenced herein, and that the matters set forth in this affidavit are true and correct to the best of Affiant's knowledge and belief.

Jurat: Subscribed and sworn to before me this day of , by Affiant as shown below.

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