Minnesota land surveying law governs who can perform surveys, how plats must be prepared, and what rights property owners have when boundaries are in dispute. Understanding the basics helps you make informed decisions about when to hire a surveyor and what to expect from the process.
Who Can Perform Land Surveys in Minnesota
Minnesota Statutes Chapter 326B requires anyone certifying boundary surveys, preparing plats, or filing registered land surveys to hold a Professional Land Surveyor (PLS) license. The license is issued by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design.
Unlicensed individuals cannot legally certify a boundary survey in Minnesota. Any survey document that establishes property boundaries must bear the stamp and signature of a licensed PLS. Every surveyor in our Minnesota directory is sourced from state licensing records and holds an active PLS license.
Minnesota Plat Law
When land is subdivided into multiple lots for sale or development, Minnesota law requires a plat to be prepared by a licensed PLS. The plat must show lot dimensions, street rights-of-way, easements, and other required information. It must be approved by the applicable county or municipality and recorded with the county recorder before any lots can be conveyed separately.
Plat law applies to residential subdivisions, commercial developments, and any division of land that creates new parcels. Violations of plat law can result in a clouded title that cannot be cleared without re-platting.
Registered Land Surveys
Minnesota has a unique legal instrument called the Registered Land Survey (RLS), used for describing unplatted or irregularly shaped parcels that do not fit a standard lot-and-block format. An RLS is prepared by a licensed PLS and filed with the county examiner of titles (in counties using the Torrens system) or with the county recorder. It creates a permanent legal description using a tract designation (Tract A, Tract B, etc.) rather than a traditional metes-and-bounds description.
RLS documents are common for lake-front parcels, rural tracts, and properties that have been divided informally over time. If you own property described by an RLS, a copy of the survey is on file at the county. Your surveyor can obtain a copy and use it as the basis for current boundary work.
Encroachment Law in Minnesota
When a structure, fence, or driveway crosses a property line, it is an encroachment. Minnesota courts treat encroachments as a property rights matter. If a neighbor's fence sits 2 feet inside your property line, a licensed PLS can document this with a certified boundary survey. The survey serves as legal evidence in any dispute or court proceeding.
Minnesota does not have a statutory time limit after which an encroachment automatically grants ownership to the encroaching party, but the state does recognize adverse possession claims after 15 years of continuous, open, hostile, and exclusive use. If you believe someone has been encroaching on your land for many years, consult an attorney along with getting a survey.
Easements and Survey Records
An easement is a recorded right for one party to use another's property for a specific purpose. Common easements in Minnesota include:
- Utility easements - allowing electric, gas, water, and sewer companies to install and maintain lines
- Drainage easements - common in the flat agricultural areas of western and southern Minnesota
- Access easements - giving a landlocked parcel the right to cross neighboring land to reach a road
- Conservation easements - restricting development to protect natural features, common near lakes and wetlands
Easements are shown on surveys based on documents recorded with the county recorder. When you hire a surveyor in Minnesota, the research phase includes pulling easement documents from the county and noting their location on the plat.
Shoreland and DNR Regulations
Minnesota's shoreland management program regulates structures and land use within a set distance of lakes, rivers, and streams. Setback distances vary by water body classification. Before building on or near a shoreline, a property owner needs an accurate boundary survey to confirm structure placement relative to the ordinary high water level and the applicable setback.
The ordinary high water level is a surveyed elevation, not a visual estimate. A licensed PLS determines it based on Minnesota DNR records and field measurements.
Boundary Line Agreements
When two neighboring property owners agree on the location of a disputed boundary line, they can enter into a written boundary line agreement. This agreement should be prepared with the input of a licensed surveyor and recorded with the county recorder. Once recorded, it binds future owners of both properties.
Finding a Licensed Surveyor in Minnesota
Search our Minnesota surveyor directory by county to find licensed Professional Land Surveyors who practice in your area.