2. (a)(I) A certificate prepared pursuant to subsection (1) of this section shall not be designated as or construed as being a land survey plat or improvement survey plat.

(II) Such certificate shall be prominently labeled “improvement location certificate” and contain a statement in the following form:

IMPROVEMENT LOCATION CERTIFICATE I hereby certify that this improvement location certificate was prepared for ….(individual or firm)...., that it is not a land survey plat or improvement survey plat, and that it is NOT to be relied upon for the establishment of fences, buildings, or other future improvement lines.

Board Observations:

1. Typically mortgage or title companies require ILCs for the buying and selling of homes. Over the years municipalities, for construction and permitting, have become comfortable using this type of instrument to allow permits for buildings, fencing, and driveway construction. The statute says that ILCs are NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCES, BUILDINGS. Therefore, it is NOT appropriate that any construction be based on, or allowed to be based on, an ILC because the property line has not been surveyed.

2. A Professional Land Surveyor (PLS) cannot set a monument based on an ILC. If a marker is set then a “Monumented Land Survey” must per performed (see 38-51-102 (1) (13) C.R.S.).

3. An ILC will not resolve potential boundary problems which may (or may not) be observed when performing an ILC. The only way you can identify and determine a property boundary is by performing a Monumented Land Survey.

Municipalities requesting an ILC to approve construction of a fence, buildings, or any improvements along a property line, are asking a PLS to provide an inappropriate document.