New Jersey Survey Guide

New Jersey Land Surveying Rules: Corner Markers and Tax Maps

Updated September 2, 2026 · 2 min read · State Surveying Laws

Quick answer

New Jersey normally expects accessible, previously unmarked property corners to be marked during a property survey unless the ultimate user signs a written waiver. Do not waive the markers automatically if you plan to build, and do not rely on a tax map to define the boundary.

Tax maps are research aids, not metes and bounds

N.J.A.C. 13:40-5.1 requires the professional land surveyor to obtain pertinent information such as deeds, title reports, earlier surveys, tract maps, and public records. The rule expressly says the surveyor must not rely on a tax map to define metes and bounds.

Send the surveyor your deed, title report, prior survey, and subdivision references. A municipal tax map may help identify the lot, but it should not be the only evidence behind a construction or ownership decision.

Corner markers are the default unless an exception applies

N.J.S.A. 45:8-36.3 requires appropriate markers at property corners not previously marked, unless the corner is inaccessible or the ultimate user signs a written waiver. When markers are waived, the statutory notation must appear on the plat or plan of survey.

The marker-or-waiver choice in N.J.S.A. 45:8-36.3 is decision-changing. If the survey supports a fence, pool, addition, driveway, or later dispute prevention, physical corners may be the part you need most. Ask what the marker waiver saves, what it removes, and whether line stakes are a separate service.

Scope the survey around the next action

Apply the research requirements in N.J.A.C. 13:40-5.1 together with the corner-marker rule in N.J.S.A. 45:8-36.3 when defining the scope.

Scope the survey around the next action
Next actionWhat to confirm
Close on a propertyRequired title or lender certification, improvements, easements supplied, and corner-marker decision.
Build near the lineNo marker waiver unless intentional, plus any intermediate line or offset stakes.
Subdivide or adjust a lineMunicipal approval, Recordation Act map requirements, and county recording.
Resolve conflicting evidenceBoundary survey and a clear account of record, monument, and occupation conflicts.

Verify the New Jersey license

Use the New Jersey license verification service and confirm the PLS responsible for the work. Then request a written scope that states whether corners, line stakes, the final plat, and any recording work are included.

Find firms in the New Jersey land surveyor directory. This guide is practical information, not a legal conclusion about a boundary.

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Frequently Asked Questions

Can a New Jersey surveyor use a tax map as the boundary?

No. N.J.A.C. 13:40-5.1 requires pertinent records research and says a surveyor must not rely on a tax map to define metes and bounds.

Must a New Jersey property survey set corner markers?

Generally yes for previously unmarked accessible property corners. N.J.S.A. 45:8-36.3 allows the ultimate user to sign a written waiver, which must be retained and noted on the survey plat.

Should I waive corner markers?

Only after deciding whether your project needs physical corners. A purchaser who plans a fence, addition, or future construction may lose much of the survey's practical value by waiving them.