Central Valley Chapter2/25/2016

© 2016 – Ian Wilson

Exploring the 2016 ALTA/ACSM NSPS

Land Title Survey Standards

Ian Wilson, PLS

Central Valley Chapter 2/25/2016

Purpose of the LTS

History of the Standards

What a Land Title Survey is and what it is not

Development of the 2011 ALTA Land Title Survey

What the standards mean

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Seller

Buyer

Lender

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History of the Standards

Title Insurance…

1868 case: Watson v Muirhead, Pennsylvania

1876 first policy issued in Philadelphia

Land Registry v Recording System

1886 California Title Insurance & Trust Company incorporated in San Francisco

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Central Valley Chapter 2/25/2016

History of the Standards

SELLER

BUYER

LENDER

SITE

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History of the Standards

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History of the Standards

• Boundary defects

• Exceptions

• What’s really on the property and where

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History of the Standards

1962 – 1st version

1992 – Misc. revisions

1997 – Positional Tolerance

1988 – Table A

1986 – Min. Angle & Dist. Req.

1999 – Table A changes, etc.

2005 – Effective 1/1/2006

2011 – Effective February 23, 2011

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Trivia…

Festival of Terminus

The Roman god of boundary stones…

Came from a lawyer….

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What a Land Title Survey is and what it is not

It IS a boundary survey.

Any encroachment, encumbrance, violation, variation, or adversecircumstance that would be disclosed by an inspection or anaccurate and complete land survey of the Land.

Standard Survey Exception:

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What a Land Title Survey is and what it is not

To identify and locate a parcel of land. To identify and locate the boundaries of a parcel of land. …To grant "extended coverage." …To determine the precise location of buildings and structures on a parcel of land. To determine the exact dimension of a parcel of land. To determine the location of specific monuments or topographical features. To determine the existence of legal access to and from the property.

18.40.1 Necessity And Purposes Of SurveysIn connection with the insurance of a piece of property, land surveys are necessary for any of the following purposes:

Stewart Title Virtual Underwriter

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What a Land Title Survey is and what it is notAs a source of additional title insurance problems in connection with:

Access

Boundary line disputes

Encroachments

Gaps / Overlaps

Restrictions

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What a Land Title Survey is and what it is not

Central Valley Chapter 2/25/2016

What a Land Title Survey is and what it is not

Central Valley Chapter 2/25/2016

What a Land Title Survey is and what it is not

Central Valley Chapter 2/25/2016

What a Land Title Survey is and what it is not

Central Valley Chapter 2/25/2016

What a Land Title Survey is and what it is not

It is NOT…

A Design Survey

An As-Built Survey

An Engineering Survey

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The Name has changed!

With the dissolution of the ACSM, the successor in title is the National Society of Professional Surveyors (NSPS).

The new name is…

ALTA/NSPS LAND TITLE SURVEYSNOTE - Attention is directed to the fact that the National Society of ProfessionalSurveyors, Inc. (NSPS) is the legal successor organization to the American Congress onSurveying and Mapping (ACSM) and that these 2016 Minimum Standard DetailRequirements for ALTA/NSPS Land Title Surveys are the next version of the formerMinimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys.

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What the standards meanSection 1 – Purpose

Members of the American Land Title Association® (ALTA®) have specific needs, uniqueto title insurance matters, when asked to insure title to land without exception as tothe many matters which might be discoverable from survey and inspection, and whichare not evidenced by the public records.

Paragraph 1 of the Standards

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What the standards meanSection 1 – Purpose

In order to meet such needs, clients, insurers, insureds, and lenders are entitled to relyon surveyors to conduct surveys and prepare associated plats or maps that are of aprofessional quality and appropriately uniform, complete, and accurate. To that end,and in the interests of the general public, the surveying profession, title insurers, andabstracters, the ALTA and the NSPS jointly promulgate the within details and criteriasetting forth a minimum standard of performance for ALTA/NSPS Land Title Surveys. Acomplete 2016 ALTA/NSPS Land Title Survey includes:• the on-site fieldwork required pursuant to Section 5,• the preparation of a plat or map pursuant to Section 6 showing the results of the

fieldwork and its relationship to documents provided to or obtained by the surveyorpursuant to Section 4,

• any information from Table A items requested by the client, and• the certification outlined in Section 7.

Paragraph 3 of the Standards

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What the standards meanSection 1 – Purpose

Who is likely to rely on your survey?

Title Company

Lender

Seller

Buyer

Buyer’s Attorney

Lender’s Attorney

Architect / Engineer?

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What the standards meanSection 2 – Request for a Survey

The client shall request the survey or arrange for the survey to be requested, and shall provide a written authorization to proceed from the person or entity responsible for paying for the survey. Unless specifically authorized in writing by the insurer, the insurer shall not be responsible for any costs associated with the preparation of the survey.

Clarifies that the survey can be performed on non-fee interests such as easements and leaseholds.

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What the standards meanSection 2 – Request for a Survey

Written request (Contract - PLS Act §8759)

Who is paying? Title Company NOT responsible

Table A

Scope of Work

Purpose

Access

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What the standards meanSection 3 – Surveying Standards and Standards of Care

The 2016 Minimum Standard Detail Requirements forALTA/NSPS Land Title Surveys are effective February 23,2016

Removes “…(two standard deviations)…” from RelativePositional Precision.

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What the standards meanSection 3 – Surveying Standards and Standards of Care

Measurement Standards

California does not have measurement standards

The Standards do!

2cm (0.07 feet) + 50 PPM

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What the standards meanSection 3 – Surveying Standards and Standards of Care

Other Requirements and Standards of Practice

State laws…

PLS Act §8762…

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What the standards meanSection 3 – Surveying Standards and Standards of Care

Normal Standards of Care

How “oddities” are handled in your area…

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What the standards meanSection 3 – Surveying Standards and Standards of Care

Boundary Resolution

PLS Act §8762…

(b)(4) The location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey.

(b)(5) The points or lines set during the performance of a field survey of any parcel described in any deed or other instrument of title recorded in the county recorder’s office are not shown on any subdivision map, official map, or record of survey.

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What the standards meanSection 3 – Surveying Standards and Standards of Care

Boundary Resolution

“[Survey Company] assumes that boundary/deed/title discrepancies, additional lender requirements and updates to the survey after issuance of the survey may require additional fees that will be authorized prior to start of work.”

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What the standards meanSection 4 – Records Research

Clarifies the documents to be provided to the surveyor and addresses responsibility for documents…

“…when possible, legible data…”“…current record descriptions of any adjoiners…”“…unrecorded documents…”

Responsibility…“…surveyor shall be required to conduct only that research which is required pursuant to the statutory or administrative requirements of the jurisdiction where the property being surveyed is located…”

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What the standards meanSection 4 – Records Research

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What the standards meanSection 5 – Field Work

Section 5 - FieldworkPreface – Addresses the precision with which features need to belocated in the field.B.ii. – Clarifies the responsibility of the surveyor as related tolocating the traveled way on abutting streets and highways.B.vi. – Clarifies the surveyor’s responsibility regarding locatingevidence of right of way lines.C.ii. – Acknowledges the possibility that physical access may berestricted within 5 feet of the perimeter boundary (a note to thateffect is required by Section 6.B.xi.)

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What the standards meanSection 5 – Field Work

Section 5 - Fieldwork

E.iv. – Observed evidence of utilities is now mandatory, not justwhen it is evidence of an easement pursuant to 5.E.i. and5.E.ii. Observed evidence of utilities used to be optional Table Aitem 11(a).G.i. – Canals, ditches, marshes and swamps are now required to beshown.

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What the standards meanSection 5 – Field Work

Monuments

Location & description of controlling monuments

Location & description of monuments on PIQ

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What the standards meanSection 5 – Field Work

Rights of Way & Access

Distance to nearest intersection

Street names

Physical access

Access by others

Encroaching access

Street widths

Water access

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What the standards meanSection 5 – Field Work

Lines of Possession, and Improvements along the Boundaries

Evidence of occupation

Improvements within 5 feet

Encroaching structures

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What the standards meanSection 5 – Field Work

Buildings

Location of buildings on site

Distances to perimeter

Appropriate precision

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What the standards meanSection 5 – Field Work

Easements and Servitudes

Disclosed by record

Not disclosed by record

Surface indications

Use by others

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What the standards meanSection 5 – Field Work

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What the standards meanSection 5 – Field Work

Cemeteries

Location of graves

…disclosed by record

…found in field

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What the standards meanSection 5 – Field Work

Water Features

Sources

Wetlands (delineated by others)

Bodies of water crossing PIQ

Location of water boundary

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What the standards meanSection 6 – Plat or Map

The evidence and locations gathered during the field work as outlined in Section 5 above

Preface – The manner of dimensioning and precision of annotation isaddressed.B.ii. – Requires a note indicating how any new description prepared bythe surveyor relates to the record description (i.e., one and the same, orif not, how it differs).B.ix. – Clarifies the dimensioning of buildings from perimeter boundarylines.B.xi. – See note on Section 5.C.ii. aboveC.ii. – Requires a summary of the rights of way, easements andservitudes burdening the property pursuant to title evidence providedor obtained by the surveyor, whether they are shown or not, and anynumber of notes when relevant.

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What the standards meanSection 6 – Plat or Map

Boundary, Descriptions, Dimensions and Closures

Record descriptions

Location & description of controlling monuments

Distances and directions from description

Closure calcs

Remainder of lot for partial surveys

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What the standards meanSection 6 – Plat or Map

Boundary, Descriptions, Dimensions and Closures

What was used to locate water features – include date

Relationship of boundary to adjoiners

Notes when field data differs from record data

Problems on site that exceeded RPP

Title Commitment information

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What the standards meanSection 6 – Plat or Map

Easements, Servitudes, Rights of Way, Access and Record Documents

Widths and recording information

Quality noted in field

Note if no access

Abutting rights of way

Information about record documents used

Adjoiner information

Platted setbacks

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What the standards meanSection 6 – Plat or Map

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What the standards meanSection 6 – Plat or Map

Presentation

8 ½” x 11” minimum

Standard scale

Distinct border around PIQ

North arrow

Legend

Vicinity Map

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What the standards meanSection 6 – Plat or Map

Presentation

Supplementary diagrams - details

If no buildings – say so

Project number

Name, license number, seal and signature of surveyor

Contact information

ALTA/ACSM Land Title Survey

Date of Survey and any revisions

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What the standards meanSection 7 – Certification

…shall bear only the following certification, unaltered, except as may be required…

Exception: jurisdictional requirements

Title is protected!

Not an ALTA/NSPS Land Title Survey with any other certification

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What the standards meanSection 7 – Certification

Date of Field Work

Date of Plat

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What the standards meanSection 8 - Deliverables

Paper or electronic

Copies to Title Company and Client

Copies to others as negotiated

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Table A

Should be negotiated before contracts are signed…

Customizable by Client

Some items are mutually exclusive

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Table A Item 1

Monuments

Set monuments if missing

Will trigger a Corner Record at minimum

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Table A Item 2

Addresses

If disclosed by record documents

Observed in field

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Table A Item 3

Flood Zone

From FEMA

Make, and SAVE, a Firmette

Use a JPEG to plot

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Table A Item 4

Gross land area

Other areas specified by client

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Table A Item 5

Vertical relief

Contours

Datum

Benchmark

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Table A Item 6

Zoning

(a) (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter.

(b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter.

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Table A Item 7

Dimensions

(a) Exterior dimensions of buildings at ground level

(b) Square footage of:(1) exterior footprint(2) other areas as specified by client

(c) Heights of all buildings

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Table A Item 8

Substantial features

Over and above requirements of Section 5

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Table A Item 9

Parking Lots

Striping

Number of stalls

Type of spaces

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Table A Item 10

Inside dimensions

(a) Party Walls

(b) Are walls plumb?

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Table A Item 11

Utilities

(a) Observed evidence

(b) Observed evidence & plans

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Table A Item 12

Government Agency Requirements

HUD

surveys for leases on Bureau of Land Management managed lands

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Table A Item 13

Names of Adjoiners

From public record

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Table A Item 14

As specified by the client, distance to the nearest intersecting street.

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Table A Item 15

Photogrammetry

New technologies

Does not replace field survey

5. Fieldwork - The survey shall be performed on the ground (except asotherwise negotiated pursuant to Table A, Item 15 below, if selected by theclient).

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Table A Item 16

Earth moving

Observed evidence

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Table A Item 17

Proposed changes

Streets

Observed evidence of new paving, widening, sidewalks, etc.

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Table A Item 18

Landfill

If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state.

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Table A Item 19

Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions).

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Table A Item 20

Insurance

No obligation to fill in amount

No requirement to add information to face of map

Professional Liability Insurance policy obtained by the surveyor in theminimum amount of $____________ to be in effect throughout thecontract term. Certificate of Insurance to be furnished upon request,but this item shall not be addressed on the face of the plat or map.

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Table A Item 21

The blank…

Catch all for additional information as needed

Not an end run around the certification issue

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Thank you...

Central Valley Chapter 2/25/2016