(A) Statement of intent. The intended purpose of this exemption is to allow a change in the location or the elimination of a boundary line between adjoining properties outside of a platted subdivision, and to allow a one-time transfer of a tract to effect that relocation or elimination without subdivision review.
(B) Required information. Certificates of survey claiming this exemption must clearly distinguish between the existing boundary location and, in case of a relocation, the new boundary. This must be accomplished by representing the existing boundary with a dashed line and the new boundary, if applicable, with a solid line. The appropriate certification set forth in ARM § 24.183.1104(1)(f), must be included on the certificate of survey. Certificates of survey showing the relocation of common boundary lines must be accompanied by a quit claim or warranty deed, or recordable agreement from adjoining property owners for the entire newly described parcel(s), or that portion of the tract(s) that is being affected. If the same owner owns both parcels affected by the relocation, documentation showing the need or reason for the relations (such as a structure encroachment of surveyor error) shall be recorded, and may be entitled “Notice of Boundary Line Relocation with No Transfer”.
(C) Use of exemption. The proper use of the exemption for relocating common boundary lines is to establish a new boundary between adjoining parcels of land outside of a platted subdivision, without creating an additional parcel. The exemption may not be used if the division of land would result in the permanent creation of one or more additional parcels of land.
(D) Rebuttable presumption. The use of this exemption is presumed to have been adopted for the purpose of evading the MSPA if:
(1) The reviewing agent determines that the documentation submitted, according to this section, does not support the stated reason for relocation; or
(2) The proposed relocation creates a parcel of less than 160 acres which, prior to the relocation, included more than 160 acres.
(Prior Code, § 11-4-23)