ALTA/NSPS Land Title Survey Standards: What Real Estate Counsel Need to Know

Size: px

Start display at page:

Download "ALTA/NSPS Land Title Survey Standards: What Real Estate Counsel Need to Know"

Evan Matthews
5 years ago
Views:

1 Presenting a live 90-minute webinar with interactive Q&A ALTA/NSPS Land Title Survey Standards: What Real Estate Counsel Need to Know Survey Exceptions and Survey Endorsements in Title Insurance Policies TUESDAY, MARCH 13, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Gary R. Kent, P.S., Integrated Services Director, The Schneider Corporation, Indianapolis Mary A. Slade, Underwriting Counsel, First American Title, Indianapolis The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 1.

2 Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial and enter your PIN when prompted. Otherwise, please send us a chat or sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

3 Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you that you will receive immediately following the program. For additional information about continuing education, call us at ext. 2.

4 Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.

5 The ALTA/NSPS Land Title Survey Standards ~ What Attorneys need to Know ~ Strafford Publications Webinar March 13, 2018 Presented by Gary R. Kent, PS and Mary A. Slade, Esq.

6 The ALTA/ACSM (NSPS) Standards February 23,

7 The ALTA/ACSM (NSPS) Standards 2 year process Multiple meetings of ALTA and NSPS committees separately Final joint meeting of both committees ALTA 10 members NSPS typically 15 surveyors at committee meeting (300+ indirect participants) 7

8 The 2016 ALTA/NSPS Standards Section 1- Purpose Section 2- Request for Survey Section 3 Survey Standards & Standards of Care Section 4 Records Research Section 5- Fieldwork Section 6 Plat or Map Section 7 Certification Section 8 Deliverables Table A 8

9 Preamble NSPS is the legal successor organization to ACSM The 2016 Standards are the next version of the former ALTA/ACSM standards 9

10 Section 1 - Purpose 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 certain specific and pertinent information must be presented for the distinct and clear understanding between the insured, the client, the title insurance company, the lender, and the surveyor professionally responsible for the survey. 10

11 Section 1 - Purpose 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. [Emphasis added.] 11

12 What is Complete and Accurate? Of course this begs the question: What is a complete and accurate survey of real property? 12

13 Section 1 - Purpose 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: [Emphasis added, and a list of criteria follows.] 13

14 An ALTA/NSPS Land Title Survey must include: i. Section 5 fieldwork ii. Section 1 - Purpose Section 6 plat or map (including relationship to record documents) iii. Table A items selected by client iv. Certification in Section 7 14

15 Section 2 Request for Survey Written authorization Dealing with atypical properties e.g., trailer parks, marinas, campgrounds Non-fee interests Easements Leases Discuss scope with affected parties 15

16 Section 3 Survey Standards, etc. A. Effective Date 2/23/16 B. Compliance with jurisdictional requirements Conflicts with other standards C. There is a normal standard of care 16

17 Section 3.D. Boundary Resolution Accuracy is addressed by Section 3.D. The boundary lines and corners of any property being surveyed as part of an ALTA/NSPS Land Title Survey shall be established and/or retraced in accordance with appropriate boundary law principles governed by the set of facts and evidence found in the course of performing the research and fieldwork. [Emphasis added.] 17

18 Boundary Law Principles What are the appropriate boundary law principles? Order of Conflicting Title Evidence Junior/Senior relationships Unwritten title doctrines Control within subdivisions Follow in the Footsteps of the original surveyor 18

19 Section 3 Accuracy and Precision The Standards also address the difference between precise measurements and accurate results. 19

20 Section 3 Survey Standards, etc. E. Measurement Standards ii. Uncertainties in location Due to reference monumentation Due to record documents Due to occupation/possession that differs from the record lines Relative positional precision 20

21 Accuracy and Precision 21

22 Accuracy and Precision High accuracy + high precision = valid results. i.e. Results that are well-grounded on principles or evidence; able to withstand criticism or objection, as an argument; sound. Webster s 22

23 Section 4 Records Research Request to set forth: Record description of property to be surveyed Record description of parent tract if original survey 23

24 Surveyor must be provided with: i. Most recent title commitment (or other acceptable title evidence) ii. iii. Section 4 Records Research Certain record documents Adjoiners Easements benefitting surveyed property (Schedule A appurtenant easements) Easements burdening the property (Schedule B2 easements) Unrecorded documents if desired by client 24

25 Section 4 Records Research If documents are not provided, or if nonpublic or quasi-public documents are required to complete the survey, the surveyor shall conduct only that research: required pursuant to the statutory or administrative requirements of the jurisdiction where the property is located negotiated in the contract 25

26 A. Monuments B. Rights of way and access C. Lines of possession and improvements along the boundaries D. Buildings E. Easements and servitudes F. Cemeteries G. Water features Section 5 Fieldwork 26

27 B. Rights of way and access ii. Section 5 Fieldwork Name of ways abutting the property, and location of edges of traveled way except when no access 27

28 E. Easements and Servitudes iv. Section 5 Fieldwork Evidence observed on and above the property of utilities on, over and beneath the property (with examples) [formerly optional Table A item 11(a)] 28

29 A. Evidence and locations gathered pursuant to the Section 5 Fieldwork B. Boundary, Descriptions, Dimensions and Closure C. Easements, Servitudes, Rights of Way, Access and Documents D. Presentation Section 6 Plat or Map 29

30 B. Boundary, Description, Dimensions, Closures ii. Section 6 Plat or Map New Descriptions Why was a new description prepared? Avoid new descriptions unless deemed necessary and appropriate How the new description relates to the record Same as? How does it differ? 30

31 C. Easements, Servitudes, Rights of Way, Access and Documents ii. Section 6 Plat or Map Summary of all rights of way, easements & servitudes Burdening surveyed property If evidence of same was provided to the surveyor Record information, whether shown or not and a note if: 31

32 (a) Location cannot be determined from record (b) No observed evidence (c) blanket easement (d) Not on or touching surveyed property (e) Limits access Section 6 Plat or Map (f) Documents are illegible (g) Surveyor has info that it has been released or terminated 32

33 Section 7 Certification Only the unaltered certificate contained in Section 7 Except as required pursuant to Section 3.B. (local or state requirements) Date of fieldwork Date of plat/map 33

34 Section 8 Deliverables Copies to client and title company Other copies as negotiated Durable, dimensionally stable material Digital image in addition to, or in lieu of, hard copies pursuant to terms of the contract If recordation or filing required, produced in recordable form and recorded or filed 34

35 Twenty (20) items Table A Number additional items 21(a), 21(b), etc. Additional items explained (see Section 6.D.ii.(g)) An ALTA/NSPS Land Title Survey is not an engineering design survey 35

36 6. Zoning a) If set forth in zoning report/letter provided to the surveyor by client List: Table A Zoning classification Setback requirements Height and floor space area restrictions Parking requirements Identify date and source of report/letter 36

37 6. Zoning b) If set forth in zoning report/letter provided to the surveyor by client and if no interpretation is required by the surveyor Graphically depict: Table A Setback requirements Identify date and source of report/letter 37

38 11. Utilities Table A Location of utilities on or serving the property as determined by: a) Observed evidence (see Section 5.E.iv.) b) Plans requested by surveyor and obtained from utility companies or provided by client (reference source) c) Markings requested by surveyor pursuant to 811 or similar utility locate request 38

39 11. Utilities Table A Representative examples See Note to client, insurer and lender Without excavation, info may be incomplete, inaccurate and unreliable Utility locate requests may be ignored or result in incomplete markings 39

40 18. Wetlands Table A If there has been a field delineation of wetlands conducted by a qualified wetlands specialist hired by the client, surveyor will locate observed delineation markers 40

41 Table A 19. Offsite (appurtenant) easements If plottable, include as part of the survey pursuant to Sections 5 and 6 and applicable Table A items. i.e. Treat the appurtenant easement as if it were a fee parcel Client to obtain necessary permissions 41

42 Table A 20. Professional Liability Insurance Nothing in regarding this item shall appear on the face of the plat/map 42

IN 46216 Phone - 317.826.7134 gkent@schneidercorp.com Mary A.

43 Questions? Gary R. Kent, PS The Schneider Corporation 8901 Otis Avenue Indianapolis, IN Phone gkent@schneidercorp.com Mary A. Slade, Esq. First American Title Insurance Company N. Meridian Street, Suite 430 Carmel, IN mslade@firstam.com 43

New 2016 ALTA/NSPS Land Title Survey Standards: What Attorneys Need to Know

Presenting a live 90-minute webinar with interactive Q&A New 2016 ALTA/NSPS Land Title Survey Standards: What Attorneys Need to Know Leveraging the Feasibility Assessment Tool for Land Development Deals