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Surveys and Plats

In West Virginia, a Survey and a Plat are official land documents that define property boundaries, land features, and subdivision layouts. These documents are essential for property transactions, land development, and resolving boundary disputes. The legal requirements for surveys and plats are outlined in the West Virginia State Code, primarily in Chapter 39, Article 1, and Chapter 37.


Survey in West Virginia

A survey is a measurement of land that determines property boundaries, structures, and features using precise instruments and legal descriptions.

West Virginia State Code Provisions for Surveys

  • West Virginia Code § 39-1-2 states that any survey used to define land boundaries must be certified by a licensed land surveyor.
  • West Virginia Code § 30-13A-1 et seq. regulates the licensing and practice of professional surveyors in the state.
  • West Virginia Code § 37-6-1 provides that surveys may be used in legal disputes regarding land ownership and boundaries.

When is a Survey Required?

  • When buying or selling real estate.
  • When subdividing land.
  • When resolving boundary disputes.
  • When applying for building permits.
  • When creating easements or rights-of-way.

 


Plat in West Virginia

A Plat is a detailed map that shows land divisions, such as a subdivision or lot lines, based on a professional survey.

West Virginia State Code Provisions for Plats

  • West Virginia Code § 39-1-3 requires that plats be recorded in the county clerk’s office where the land is located.
  • West Virginia Code § 37-6-2 states that recorded plats serve as legal evidence of property boundaries and subdivision layouts.
  • West Virginia Code § 39-1-10 mandates that plats and maps must include specific details, such as metes and bounds descriptions, surveyor certification, and official seals.

Key Requirements for Recording a Plat

  • Prepared by a licensed surveyor.
  • Signed and sealed by the surveyor.
  • Filed in the county clerk’s office.
  • Approved by local planning authorities if part of a subdivision.

Key Differences Between a Survey and a Plat

Feature Survey Plat
Purpose Determines precise property boundaries Shows land divisions, lots, streets, and easements
Who Prepares It? Licensed Land Surveyor Licensed Land Surveyor or Developer
Recording Requirement Not always required Required for subdivisions and land developments
Legal Use Used in boundary disputes, property sales, and legal descriptions Used in land development, zoning, and property records



Why Surveys and Plats Matter in West Virginia

  • Protect property rights by clearly defining boundaries.
  • Ensure compliance with local zoning laws for land development.
  • Prevent disputes over property lines and land ownership.
  • Aid in real estate transactions by providing accurate legal descriptions.