Admissibility of official survey.

- Surveys or plats made pursuant to the requirements of this section are presumptive evidence of the facts set out therein. McClung v. Schulte, 214 Ga. 426, 105 S.E.2d 225 (1958) (see O.C.G.A. § 36-7-12).

Survey made by others than county surveyor is not admissible in evidence, unless proved by parties who made the survey; the affidavit of such persons on the survey is not sufficient proof, and such affidavit, the persons making the survey not being sworn as witnesses in the pending trial, cannot be received as evidence of anything on that trial. Maples v. Hoggard, 58 Ga. 315 (1877).

Admissibility of unofficial survey.

- Plat that did not show that the plat was purported to have been made by authority since the plat was shown to have been made before the city charter was ever issued did not meet the requirements of law of either former Code 1933, § 23-1112 or former Code 1933, § 38-312 (see O.C.G.A. § 36-7-12 or former O.C.G.A. § 24-3-11 [see now O.C.G.A. § 24-8-803]), and could not be used in evidence without other testimony or evidence. Central of Ga. Ry. v. City of Metter, 222 Ga. 74, 148 S.E.2d 661 (1966).

In an ejectment action, a plat introduced by the party bringing the action is not presumptive evidence of the facts set out in the plat, when there is no evidence that the plat is an official survey under this section. Costello v. Styles, 227 Ga. 650, 182 S.E.2d 427 (1971) (see O.C.G.A. § 36-7-12).

Unofficial surveys are admissible when proved to be correct. McClung v. Schulte, 214 Ga. 426, 105 S.E.2d 225 (1958).

Unofficial survey is admissible in evidence when proved to have been corrected by the parties who made the survey. Lewis v. Carr, 177 Ga. 761, 171 S.E. 298 (1933).

Plat or survey is not admissible as substantive, presumptive evidence of facts set forth therein, unless it conforms to provisions of this section, but upon being verified by oral testimony as correct, the plat or survey may be admitted for the purpose of illustrating other competent testimony. Woodard v. Bowen, 213 Ga. 185, 97 S.E.2d 573 (1957) (see O.C.G.A. § 36-7-12).

County tax plats admissible.

- In an action to quiet title to real property, county tax plats used as evidence of the ownership of the depicted property were admissible. Resseau v. Bland, 268 Ga. 634, 491 S.E.2d 809 (1997).

Survey not made under order of court so as to make plat admissible under this section is admissible as an official document for whatever it may have been worth as a pictorial representation of conditions found on the ground by the surveyor. Gilman Paper Co. v. James, 235 Ga. 348, 219 S.E.2d 447 (1975) (see O.C.G.A. § 36-7-12).

Unofficial survey does not meet the statutory requirements of this section. However, an unofficial but properly verified survey is admissible for whatever weight the jury attaches to the survey. Johnson v. Jones, 242 Ga. 319, 249 S.E.2d 30 (1978) (see O.C.G.A. § 36-7-12).

Effect of oral testimony.

- Unless a survey of plat is of official origin and meets the requirements of this section, it carries no presumptive value as evidence of the facts, although, if verified by oral testimony, it is admissible as a part of and as illustrative of such oral testimony for whatever that testimony may be worth. R.G. Foster & Co. v. Fountain, 216 Ga. 113, 114 S.E.2d 863 (1960) (see O.C.G.A. § 36-7-12).

Plat prepared by the county surveyor, which the surveyor identified as one prepared at the request of parties to the litigation, but not one which is shown to conform to the requirements of this section is admissible in evidence as a part of and illustrative of the oral testimony of the surveyor. Fendley v. Weaver, 121 Ga. App. 526, 174 S.E.2d 369 (1970) (see O.C.G.A. § 36-7-12).

Witness as to correctness of survey.

- In principle it would seem to be immaterial whether the witness who proposes to testify to the correctness of an unofficial survey be the surveyor, or one who was present at the time the survey was made, if the witness offers to testify to the correctness of the survey. Lewis v. Carr, 177 Ga. 761, 171 S.E. 298 (1933).

Cited in Arnold v. Shackelford, 219 Ga. 839, 136 S.E.2d 384 (1964); Minor v. Ray, 122 Ga. App. 531, 177 S.E.2d 842 (1970); Fountain v. Bryan, 229 Ga. 120, 189 S.E.2d 400 (1972); Sutton v. City of Cordele, 230 Ga. 681, 198 S.E.2d 856 (1973); Clark v. Stafford, 239 Ga. App. 69, 522 S.E.2d 6 (1999); Ware v. Rutledge, 240 Ga. App. 355, 523 S.E.2d 411 (1999).

Am. Jur. 2d.

- 12 Am. Jur. 2d, Boundaries, § 95 et seq.