Exploring the 2016 ALTA/ACSM NSPS Land Title Survey Standards

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1 Exploring the 2016 ALTA/ACSM NSPS Land Title Survey Standards Ian Wilson, PLS Central Valley Chapter 2016 Ian Wilson 2/25/2016

2 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

3 Seller Buyer Lender

4 History of the Standards Title Insurance Land Registry v Recording System 1868 case: Watson v Muirhead, Pennsylvania 1876 first policy issued in Philadelphia 1886 California Title Insurance & Trust Company incorporated in San Francisco

6 History of the Standards BUYER SITE LENDER SELLER

7 History of the Standards

8 History of the Standards Boundary defects Exceptions What s really on the property and where

9 History of the Standards st version 1986 Min. Angle & Dist. Req Table A 1992 Misc. revisions 1997 Positional Tolerance 1999 Table A changes, etc Effective 1/1/ Effective February 23, 2011

10 Trivia Festival of Terminus The Roman god of boundary stones Came from a lawyer.

11 What a Land Title Survey is and what it is not It IS a boundary survey. Standard Survey Exception: Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land.

12 What a Land Title Survey is and what it is not Necessity And Purposes Of Surveys In connection with the insurance of a piece of property, land surveys are necessary for any of the following purposes: 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. Stewart Title Virtual Underwriter

13 What a Land Title Survey is and what it is not As a source of additional title insurance problems in connection with: Access Boundary line disputes Encroachments Gaps / Overlaps Restrictions

14 What a Land Title Survey is and what it is not

15 What a Land Title Survey is and what it is not

16 What a Land Title Survey is and what it is not

17 What a Land Title Survey is and what it is not

18 What a Land Title Survey is and what it is not It is NOT A Design Survey An As-Built Survey An Engineering Survey

19 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 SURVEYS NOTE - Attention is directed to the fact that the National Society of Professional Surveyors, Inc. (NSPS) is the legal successor organization to the American Congress on Surveying and Mapping (ACSM) and that these 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys are the next version of the former Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys.

20 What the standards mean Section 1 Purpose Paragraph 1 of the Standards Members of the American Land Title Association (ALTA ) have specific needs, unique to title insurance matters, when asked to insure title to land without exception as to the many matters which might be discoverable from survey and inspection, and which are not evidenced by the public records.

21 What the standards mean Section 1 Purpose Paragraph 3 of the Standards In order to meet such needs, clients, 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. To that end, and in the interests of the general public, the surveying profession, title insurers, and abstracters, the ALTA and the NSPS jointly promulgate the within details and criteria setting forth a minimum standard of performance for ALTA/NSPS Land Title Surveys. A complete 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 surveyor pursuant to Section 4, any information from Table A items requested by the client, and the certification outlined in Section 7.

22 What the standards mean Section 1 Purpose Who is likely to rely on your survey? Title Company Lender Seller Buyer Buyer s Attorney Lender s Attorney Architect / Engineer?

23 What the standards mean Section 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.

24 What the standards mean Section 2 Request for a Survey Written request (Contract - PLS Act 8759) Purpose Who is paying? Title Company NOT responsible Table A Scope of Work Access

25 What the standards mean Section 3 Surveying Standards and Standards of Care The 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys are effective February 23, 2016 Removes (two standard deviations) from Relative Positional Precision.

26 What the standards mean Section 3 Surveying Standards and Standards of Care Measurement Standards California does not have measurement standards The Standards do! 2cm (0.07 feet) + 50 PPM

27 What the standards mean Section 3 Surveying Standards and Standards of Care Other Requirements and Standards of Practice State laws PLS Act 8762

28 What the standards mean Section 3 Surveying Standards and Standards of Care Normal Standards of Care How oddities are handled in your area

29 What the standards mean Section 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.

30 What the standards mean Section 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.

31 What the standards mean Section 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

32 What the standards mean Section 4 Records Research

33 What the standards mean Section 5 Field Work Section 5 - Fieldwork Preface Addresses the precision with which features need to be located in the field. B.ii. Clarifies the responsibility of the surveyor as related to locating the traveled way on abutting streets and highways. B.vi. Clarifies the surveyor s responsibility regarding locating evidence of right of way lines. C.ii. Acknowledges the possibility that physical access may be restricted within 5 feet of the perimeter boundary (a note to that effect is required by Section 6.B.xi.)

34 What the standards mean Section 5 Field Work Section 5 - Fieldwork E.iv. Observed evidence of utilities is now mandatory, not just when it is evidence of an easement pursuant to 5.E.i. and 5.E.ii. Observed evidence of utilities used to be optional Table A item 11(a). G.i. Canals, ditches, marshes and swamps are now required to be shown.

35 What the standards mean Section 5 Field Work Monuments Location & description of controlling monuments Location & description of monuments on PIQ

36 What the standards mean Section 5 Field Work Rights of Way & Access Distance to nearest intersection Street names Physical access Access by others Encroaching access Street widths Water access

37 What the standards mean Section 5 Field Work Lines of Possession, and Improvements along the Boundaries Evidence of occupation Improvements within 5 feet Encroaching structures

38 What the standards mean Section 5 Field Work Buildings Location of buildings on site Distances to perimeter Appropriate precision

39 What the standards mean Section 5 Field Work Easements and Servitudes Disclosed by record Not disclosed by record Surface indications Use by others

40 What the standards mean Section 5 Field Work

41 What the standards mean Section 5 Field Work Cemeteries Location of graves disclosed by record found in field

42 What the standards mean Section 5 Field Work Water Features Sources Wetlands (delineated by others) Bodies of water crossing PIQ Location of water boundary

43 What the standards mean Section 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 is addressed. B.ii. Requires a note indicating how any new description prepared by the surveyor relates to the record description (i.e., one and the same, or if not, how it differs). B.ix. Clarifies the dimensioning of buildings from perimeter boundary lines. B.xi. See note on Section 5.C.ii. above C.ii. Requires a summary of the rights of way, easements and servitudes burdening the property pursuant to title evidence provided or obtained by the surveyor, whether they are shown or not, and any number of notes when relevant.

44 What the standards mean Section 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

45 What the standards mean Section 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

46 What the standards mean Section 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

47 What the standards mean Section 6 Plat or Map

48 What the standards mean Section 6 Plat or Map Presentation 8 ½ x 11 minimum Standard scale Distinct border around PIQ North arrow Legend Vicinity Map

49 What the standards mean Section 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 Date of Survey and any revisions ALTA/ACSM Land Title Survey

50 What the standards mean Section 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

51 What the standards mean Section 7 Certification Date of Field Work Date of Plat

52 What the standards mean Section 8 - Deliverables Paper or electronic Copies to Title Company and Client Copies to others as negotiated

53 Table A Should be negotiated before contracts are signed Customizable by Client Some items are mutually exclusive

54 Table A Item 1 Monuments Set monuments if missing Will trigger a Corner Record at minimum

55 Table A Item 2 Addresses If disclosed by record documents Observed in field

56 Table A Item 3 Flood Zone From FEMA Make, and SAVE, a Firmette Use a JPEG to plot

57 Table A Item 4 Gross land area Other areas specified by client

58 Table A Item 5 Vertical relief Contours Datum Benchmark

59 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.

60 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

61 Table A Item 8 Substantial features Over and above requirements of Section 5

62 Table A Item 9 Parking Lots Striping Number of stalls Type of spaces

63 Table A Item 10 Inside dimensions (a) Party Walls (b) Are walls plumb?

64 Table A Item 11 Utilities (a) Observed evidence (b) Observed evidence & plans

65 Table A Item 12 Government Agency Requirements HUD surveys for leases on Bureau of Land Management managed lands

66 Table A Item 13 Names of Adjoiners From public record

67 Table A Item 14 As specified by the client, distance to the nearest intersecting street.

68 Table A Item 15 Photogrammetry New technologies Does not replace field survey 5. Fieldwork - The survey shall be performed on the ground (except as otherwise negotiated pursuant to Table A, Item 15 below, if selected by the client).

69 Table A Item 16 Earth moving Observed evidence

70 Table A Item 17 Proposed changes Streets Observed evidence of new paving, widening, sidewalks, etc.

71 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.

72 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).

73 Table A Item 20 Insurance Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. No obligation to fill in amount No requirement to add information to face of map

74 Table A Item 21 The blank Catch all for additional information as needed Not an end run around the certification issue

76 Thank you... Central Valley Chapter 2/25/2016

Land Surveys and Real Property Boundaries

Land Surveys and Real Property Boundaries There are primarily 5 types of surveys performed on real property in the State of Indiana: Original, Retracement, Route, and Surveyor Location Report (SLR). Lenders