ALTA/NSPS Land Title Surveys

MSS Fall Conference October 17, 2019

By Steve Jones Professional Land Surveyor

Dan Burke Jr. Professional Land Surveyor

Objectives

• Review the 2016 ALTA/NSPS Standards• Critical Proposal Language that should not be overlooked• How to efficiently prepare an ALTA Survey• Table “A” Items• Perils and Pitfalls• Updates?

ALTA/NSPS LAND TITLE SURVEYSEffective February 23, 2016

1. Purpose2. Request for Survey3. Surveying Standards and Standards of Care4. Records and Research5. Fieldwork6. Plat or Map7. Certification8. Table A items

ALTA SurveysAn ALTA survey is a professional land surveyor’s product that is the combination of a boundary survey; the location of all visible improvements on and near the property; other visible evidence of use of the property by the owners or by others; and the results of the surveyor’s review of the legal documents of record. This includes a title company’s research of all easements, rights of way, covenants, conditions, and restrictions that may affect the property.

An ALTA survey, or its more appropriate title, an ALTA/NSPS Land Title Survey, must be prepared in strict adherence to a set of minimum standard detail requirements jointly establish and adopted by the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS).

These standards give direction to the surveyor as to what items must appear on the survey and identify an optional set of responsibilities and specifications that can be included (Table “A” items).

ALTA SurveysPurpose

For a survey of real property, and the plat, map or record of such survey, to be acceptable to a title insurance company for the purpose of insuring title to said real property free and clear of survey matters (except those matters disclosed by the survey and indicated on the plat or map, certain specific and pertinent information must be presented for the distinct and clear understanding between the insured, the client (if different from the insured), the title insurance company (insurer), the lender, and the surveyor professionally responsible for the survey.

In order to meet such needs, client, insurers, insureds, and lenders are entitled to rely on surveyors to conduct surveys and prepare associated plats or maps that are of a professional quality and appropriately uniform, complete, and accurate.

(i) field work(ii) prepare the plat(iii) Table A(iv) Certificate

ALTA SurveysRequest for 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.

COMAR 9.13.06.12

• Business PracticesBefore undertaking the performance of professional services for which payment or other consideration is expected, a surveyor or a duly authorized agent of the surveyor shall discuss at least the following with he requesting party

1. They type of survey required2. The limits to be surveyed3. The specific survey services to be provided4. An approximate completion time schedule; and5. An agreement for payment

ALTA SurveysRequest for 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.

You have to ask questions!

ALTA SurveysRequest for 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.

You have to ask questions!

Why do they want the survey? Transaction – Buying? Construction-Development?

ALTA SurveysRequest for 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.

You have to ask questions!

Why do they want the survey? Transaction – Buying? Construction-Development?

Where is the property? Address? Multiple parcels?

ALTA SurveysRequest for 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.

You have to ask questions!

Why do they want the survey? Transaction – Buying? Construction-Development?

Where is the property? Address? Multiple parcels?

When do they need it? Due diligence period? Study Period? Feasibility period?

ALTA SurveysRequest for 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.

You have to ask questions!

Why do they want the survey? Transaction – Buying? Construction-Development?

Where is the property? Address? Multiple parcels?

When do they need it? Due diligence period? Study Period? Feasibility period?

Who are the “players?” Title company? Lender? requirements? HUD?

ALTA SurveysRequest for 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.

You have to ask questions!

Why do they want the survey? Transaction – Buying? Construction-Development?

Where is the property? Address? Multiple parcels?

When do they need it? Due diligence period? Study Period? Feasibility period?

Who are the “players?” Title company? Lender? requirements? HUD?

Table “A” items

ALTA SurveysTable A items

1. Property Corners2. Address3. Flood Zone4. Land Area5. Topography6. Zoning7. Building info8. Site features9. Parking10. Party Walls

11. Utilities12. Gov’t Requirements (HUD)13. Adjoining Property Owners14. Distance to nearest intersection15. Ortho Photos16. Evidence of earthwork17. Changes in street rights of way18. Wetlands19. Offsite Easements20. Professional Liability Insurance21. Other

ALTA SurveysCritical Proposal Language

Complete copies of the most recent title commitment, the current record description of the property to be surveyed (or, in the case of an original survey, the parent parcel), the current record descriptions of adjoiners, any record easements benefiting the property, the record easements or servitudes and covenants burdening the property (all hereinafter referred to collectively as "Record Documents"), documents of record referred to in the Record Documents and any other documents containing desired appropriate information affecting the property being surveyed, and to which the ALTA/NSPS Land Title Survey shall make reference, shall be provided to the surveyor for use in conducting the survey.

Certification of Item 6b of Table A is predicated upon the client providing a zoning report or letter to CPJA at no cost.

ALTA SurveysCritical Proposal Language

Field survey for and preparation of an ALTA/NSPS Land Title Survey. The survey will certify to the following certificate:

To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client):This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 2, 3, 4, 5, 6a, 7a, 8, 9, 11 (as to visible evidence only), 12, 13, 14, 18, 19, and 20 of Table A thereof. The field work was completed on ___________.Date of Plat or Map:_____ (Surveyor's signature, printed name and seal with Registration/License Number)If additional items of Table A are requested, an additional fee may be negotiated prior to commencement of the work.

ALTA SurveysSurveying Standards and Standard of Care

E. Measurement Standardsi. Relative Positional Precision

Correctly weighted least squares adjustment of the surveyII. Uncertainties in Location

iii Precision vs Accuracy

iv Methodology

v Maximum allowable Relative Positional Precision is

2 cm (0.07 feet) plus 50 parts per million.

ALTA SurveysRecords and Research

To be provided to the surveyor

• Current record description of property to be surveyed• Current records description of any adjoiners• Any recorded easements benefitting the property• Any recorded easements, servitudes, or covenants burdening the property• Any unrecorded documents affecting the property

ALTA SurveysFieldwork

The survey shall be performed on the ground (except as otherwise negotiated pursuant to Table A, item 15 below, if selected by the client). The fieldwork shall include the following located to what is, in the surveyor’s professional opinion, the appropriate degree of precision based on (a) the planned use of the property, if reported in writing to the surveyor by the client, lender, or insurer, or (b) the existing use, if the planned use is not so reported.

ALTA SurveysHow to efficiently prepare an ALTA survey

ALTA SurveysDos and Don’ts

Don’t be afraid to say NO.Don’t ever certify to something that you don’t knowDo use a contract on every job

Only deal with Quality people

Communicate all along the way

Questions?

Thank You

Charles P. Johnson & Associateswww. CPJA.com

sjones@cpja.comdlburke@cpja.com