Appendix
Chapter 39
Article 5-A
Control Corners in Real Estate Developments
Requirement of Permanent Markers as “Control Corners”
Whenever any person, firm or corporation shall hereafter divide any parcel of real estate into lots and lay off streets through such real estate development and sell or offer for sale any lot or lots in such real estate development, it shall be the duty of such person, firm or corporation to cause one or more corners of such development to be designated as “control corners” and shall cause two or more street centerline or offset lines within or on the street right-of-way lines to be permanently monumented at intersecting centerlines or offset lines, points of curvature of such other control points which monuments shall also be designated as control corners and to affix or place at such control corner or corners permanent markers which shall be of such material and affixed to the earth in such a manner as to insure as great a degree of permanence as reasonable and practical. (1947, c. 816, s.2).
Such control corners, as described in state law, and such permanent markers, as described in state law, must be designated and affixed at the time of recording the plat of said land or prior to the real estate development which said person, firm, or corporation has caused to be laid off in lots with designated streets. (1947, c. 816, s.2).
Recordation of Plat Showing Control Corners
Upon designating a control corner and affixing a permanent marker, said person, firm or corporation shall cause to be filed in the office of the Register of Deeds of the County in which the real estate development is located, a map or plat showing the location of the control corners and permanent markers with adequate and sufficient description to enable a surveyor to locate such control corner or marker. The Register of Deeds shall not accept for registration or record any map or plat of a real estate subdivision or development made after July, 1947, unless the location of such control corners is shown thereon. (1947, c. 816, s.3).
Description of Land by Reference to Control Corners: Use of Control Corner to Fix Distances and Boundaries Prima Facie Evidence of Correct Method
Any lot or lots sold or otherwise transferred at the time of or subsequent to the establishment of a control corner, may be described in any conveyance so as to include a reference to the location of said lot or lots which are being conveyed with respect to the control corner. Thereafter, the use of the control corner in ascertaining distances so as to establish boundary lines of lots within or originally within such real estate development may be admissible as evidence in any court and shall be prima facie evidence of the correct method of determining the boundaries of any lot or lots within any such real estate development. (1947, c. 816, s.4).