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
Central Valley Chapter 2/25/2016
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
Central Valley Chapter 2/25/2016
Central Valley Chapter 2/25/2016
History of the Standards
SELLER
BUYER
LENDER
SITE
Central Valley Chapter 2/25/2016
History of the Standards
Central Valley Chapter 2/25/2016
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:
Central Valley Chapter 2/25/2016
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
Central Valley Chapter 2/25/2016
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
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
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
Central Valley Chapter 2/25/2016
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.
Central Valley Chapter 2/25/2016
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
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