Iowa filing requirements
The adjoiner to land owned by my wife says that he had a surveyor work on his property a few years ago. There are no corner records or plat near the affected area from this surveyor available through the Iowa Land Records site where they should appear. The adjoiner may not have a copy of a survey either, as he said there was a dispute over the survey cost.
He says that he used his backhoe to help the surveyor dig for and find an old stone and a wrench marking the center of section. Since there is no corner record on file for it, shouldn’t he have to file?
He also could have set irons that would affect our property.
What is the Iowa threshold to require filing corner records and plats? If the surveyor says the survey was not finished, I suppose he doesn’t have to file a plat, but does that excuse him from filing corner records? Even if he set monuments?
Did he know the surveyor's name? Did you try calling that surveyor?
There may only be two or three most likely survey firms in a rural area to have been called by the adjoiner. I would attempt to determine who those may have been and contact each directly with the adjoiner's name. If you find the correct firm, you may learn a lot about the adjoiner that could be helpful to you in the long term.
Might try this if no one from Iowa responds soon.
Not sure if Oklahoma statutes bear any semblance to Iowa's, but we did have an interesting board ruling a few years ago about corner filings. One surveyor had done a good amount of work in a particular area for a client. The survey was "finished" (a completed drawing) in a practical sense but never delivered due to a squabble over the fees. One report (probably credible) was that the surveyor removed his pins after the non-payment. The surveyor denied such. But what the State Board centered on was his recovery of the existing land corners that require filing. While our statutes state we have 90 days to file corner records "after the survey is complete", said statutes don't define completion.
In that particular case the surveyor was found negligent by the Board for not properly filing the recovered corners. Their position was payment wasn't necessarily a proponent to completion. But other cases have varied though.
I'm still trying to look up the details on that one.