The ALTA/ACSM (NSPS) Standards. The 2016 ALTA/NSPS Standards. Section 1 - Purpose February 23, 2016

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1 The ALTA/ACSM (NSPS) Standards February 23, 2016 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 Section 1 - Purpose It s all about title insurance Insuring title without exception as to matters of survey The Standard survey exception 1

2 The Standard Survey Exception Example 1 Any facts, rights, interests or claims which are not shown by the public record but which could be ascertained by an accurate survey of the land The Standard Survey Exception Example 2 Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. The Standard Survey Exception Example 3 Rights or claims of parties in possession, boundary line disputes, overlaps, encroachments, and any matters not shown by the public records which would be disclosed by an accurate survey and inspection of the land described in Schedule A. 2

3 Title Insurance The Title Commitment (aka binder or preliminary report) is an offer to issue a title policy subject to the stated exceptions a statement of terms and conditions upon which the issuer is willing to issue its title policy Title Insurance The Title Commitment (aka binder or preliminary report) is not a representation as to the condition of the title i.e., it is not an abstract of title Section 1 - Purpose NSPS is the legal successor organization to ACSM The 2016 Standards are the next version of the former ALTA/ACSM standards 3

4 Section 1 - Purpose An ALTA/NSPS Land Title Survey must include: i. Section 5 fieldwork ii. Section 6 plat or map (including relationship to record documents) iii. Table A items selected by client iv. Certification in Section 7 Section 2 Request for Survey Written authorization Dealing with atypical properties Trailer parks Non-fee interests Easements Leases etc. Discuss scope with affected parties Written Contracts Protect both you and the client Specify scope Table A items Exceptions/Qualifications to Table A items Title work to be provided Certification Certified parties Number of revisions Utilities 4

5 Written Contracts Specify payment terms Charge interest for non-payment Other standard terms and conditions Limitation of liability Ownership of work product Provision of computer files How and where to resolve a dispute May stop work for non-payment or? Not responsible for acts of God Written Contracts 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 5

6 Section 3 Survey Standards, etc. D. Boundary Resolution An ALTA/NSPS Land Title Survey IS a boundary survey Establish and/or retrace boundaries in accordance with appropriate boundary law principles Section 3 Survey Standards, etc. E. Measurement Standards i. Relative Positional precision defined Any corner of the property relative to any other corner of the surveyed property Uncertainty due to random error at 95% confidence level Estimated by correctly weighted least squares adjustment 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 6

7 1962 A(L)TA/ACSM Standards When the surveyor has doubt as to the location on the ground of street or lot lines for such reasons as street and lot lines being undefinable or indefinite because of insufficient monuments or where errors are found to exist in the descriptions, the surveyor shall clearly indicate the nature of the difficulty or discrepancy and give his professional opinion as to [the] range and scope of differences possibly involved and the effect, under the circumstances, of same on surveyed positions. Section 3 Survey Standards, etc. E. Measurement Standards iii. Precision and accuracy Precision == Accuracy!! Section 3 Survey Standards, etc. E. Measurement Standards iv. Controlling Random Errors 1. Trained personnel 2. Compensate for systematic errors including instrument calibration 3. Error propagation and measurement design theory 7

8 Section 3 Survey Standards, etc. E. Measurement Standards v. Maximum allowable RPP 2 cm plus 50 ppm ppm based on direct distance between tested points Explain why - pursuant to 6.B.x. - if 2 cm plus 50 ppm is exceeded Section 3.E.i. - RPP The error ellipse around any point located or set on a survey indicates the uncertainty in its location. Target Angular Angular Uncertainty Occupied Station Section 3.E.i. - RPP The error ellipse around any point located or set on a survey indicates the uncertainty in its location Target Distance Distance Uncertainty Occupied Station 8

9 Section 3.E.i. - RPP The error ellipse around any point located or set on a survey indicates the uncertainty in its location Error Ellipse Section 3.E.i. - RPP Located from multiple stations complicates the solution, thus least squares Section 3.E.i. - RPP The size (length of the semi-major and semi-minor axes), and orientation of the error ellipse are a function of: the random errors in the measurements the confidence level (95%) 9

10 Section 3.E.i. - RPP The Bell Curve Mean (Average) of a series of measurements Range of Measurements Section 3.E.i. - RPP Example with a ruler (low precision) The true measurement, which is actually unknown, could rationally be expressed as, for example, feet, plus or minus 1.2 feet with a 95% probability. Or there is a 95% probability that the true measurement is within 1.2 feet of feet. Section 3.E.i. - RPP Example with an EDM (high precision) The true measurement, which is actually unknown, could rationally be expressed as, for example, feet, plus or minus 0.12 feet with a 95% probability. Or there is a 95% probability that the true measurement is within 0.12 feet of feet. 10

11 Section 3.E.i. - RPP The Bell Curve High probability (confidence) in the measurements Larger uncertainty (the plus or minus ) Section 3.E.i. - RPP The Bell Curve 95% Confidence, high uncertainty Section 3.E.i. - RPP The Bell Curve Given an equal precision in the measurements Less uncertainty ( plus or minus ) Low probability (confidence) in those measurements. 11

12 Section 3.E.i. - RPP The Bell Curve Low uncertainty, but low confidence Section 3.E.i. - RPP RPP - The length of the semi-major axis Section 3.E.i. - RPP R.P.P. is not expressed at a point, but rather it is in the relationship between the two points being tested. Think of checking the precision of a house staking. 12

13 Section 3.E.iv. - Random Errors To achieve acceptably precise measurements (Section 3.E.iv.) 1. Use trained personnel 2. Compensate for systematic errors including instrument calibration 3. Apply appropriate error propagation and measurement design theory* * A considered survey design Appropriately precise instruments Appropriate procedures Section 3.E.iv. - Random Errors If the RPP for the line being tested exceeds or will exceed the allowable 2 cm feet and 50 ppm, we can 1. Make redundant measurements 2. Use higher precision equipment 3. Develop a different survey design These will reduce the size of the error ellipses Section 3.E.i. RPP example If a line being tested is 800 feet long, the allowable RPP for that line is: 0.07 feet+(50x800)/1,000,000 = 0.11 feet Is it reasonably possible to limit our survey measurement uncertainty to 0.11 feet in 800 feet? 13

14 Section 3.E.i. RPP example To address RPP: 1. Understand the primary sources of random errors in your measurements 2. Develop reliable estimates of the magnitude of the random errors from each of those sources 3. Use a correctly-weighted Least Squares adjustment to process the data Section 3.E.i. RPP example The primary sources of random errors in your measurements In an angle (Electronic total station) Pointing Centering the instrument Centering the target Reading (from the manual) Section 3.E.i. RPP example The primary sources of random errors in your measurements In a distance (EDM) Centering the instrument Centering the target Reading (from the manual) 14

15 Section 3.E.i. RPP example The primary sources of random errors in your measurements With GPS (simplified) Centering the instrument (base) Centering the target (rover) Reading (a function of a lot of factors: Quality of observation (e.g., PDOP, S/N, length of baseline), observation time,, integrity of calibration, etc.) Section 3.E.i. RPP example Develop reliable estimates of the magnitude of those random errors Statistically-based Not WAGs Section 3.E.i. RPP example Use those uncertainties to run a correctlyweighted Least Squares adjustment for a weighted (best-fit) solution 15

16 1962 A(L)TA/ACSM Standards Positional Tolerance measurement standard: 0.02 feet in urban areas where buildings can be erected along the property line 0.04 feet in urban or suburban areas 1 foot per 5000 feet of perimeter in rural areas Summarizing Uncertainties 1962 A(L)TA/ACSM Standards It is expected that the exercise of professional judgment by the surveyor will minimize differences of opinions with other professional surveyors exercising equally prudent judgment in such situation. Section 4 Records Research Surveyors will be provided with appropriate and, when possible, legible data which can be relied upon in completing the survey 16

17 Section 4 Records Research Request to set forth: Record description of property to be surveyed Record description of parent tract if original survey Section 4 Records Research Original survey defined as one prepared for purposes of locating and describing real property that has not been previously separately described in documents conveying an interest in the real property Section 4 Records Research Surveyor must be provided with: i. Most recent title commitment (or other acceptable title evidence) ii. Certain record documents Adjoiners Easements benefitting surveyed property (Schedule A appurtenant easements) Easements burdening the property (Schedule B2 easements) iii. Unrecorded documents if desired by client 17

18 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 Section 5 Fieldwork On the ground except pursuant to Table A item 15 Located to the appropriate degree of precision based on Planned use if reported Existing use, if not reported Section 5 Fieldwork 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 18

19 Section 5 Fieldwork A. Monuments i. Location, size, character and type of found monuments ii. Location, size, character and type of monuments set pursuant to Table A item 1 or jurisdictional requirements iii. Location, description and character of lines that control the boundaries Section 5 Fieldwork B. Rights of way and access i. Distance to nearest R/W line if property does not abut a R/W ii. Name of ways abutting the property, and location of edges of traveled way except when no access iii. Visible evidence of physical access Section 5 Fieldwork B. Rights of way and access iv. Location and character of access to or across the property by other than apparent occupants v. Potentially encroaching ways of access vi. Evidence and location of right of way lines not disclosed in documents vii. Evidence of access to/from adjoining waters 19

20 Section 5 Fieldwork C. Lines of possession & improvements along boundaries i. Character and location of evidence of possession ii. Improvements within 5 feet of both sides of the boundary lines, unless access is restricted (natural vegetation not included with exceptions) iii. Evidence, location and extent of possible encroachments Section 5 Fieldwork D. Buildings Location of all buildings observed Section 5 Fieldwork E. Easements and Servitudes i. Evidence of easements/servitudes disclosed in documents provided ii. Evidence of easements/servitudes not disclosed (with more examples) iii. Surface indications of underground easements (with examples) iv. Evidence observed on and above the property of utilities on, over and beneath the property (with examples) 20

21 Section 5 Fieldwork F. Cemeteries Perimeter of cemeteries and burial grounds Location of isolated gravesites i. Disclosed in documents provided, or ii. Observed during fieldwork 21

22 Section 5 Fieldwork G. Water Features i. Location of water features on, running through or within 5 feet of the perimeter (with more examples) ii. Water features forming a boundary (with caveat) Section 6 Plat or Map Dimensioned to the appropriate degree of precision based on Planned use if reported Existing use, if not reported Section 6 Plat or Map 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 22

23 Section 6 Plat or Map A. Evidence and locations, and monuments and lines pursuant to Section 5, with accompanying notes, if deemed necessary, or pursuant to subsequent Section 6 requirements Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures i. (a) Current record description (b) If original survey, current record description of parent Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures ii. 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? 23

24 Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures iii. Courses and Distances POB and POC All distances and directions in record description All distances and directions in any new description Deed vs. measured/calculated Ground distances Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures iv. Mathematical closure Directions, distances and curve data necessary to computer a closure of the surveyed boundary Note if record description does not close mathematically Note where there are differences from record basis of bearings Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures v. Remainder of larger tract If surveyed property is part of larger tract, show remainder However, you do not need to survey the larger tract 24

25 Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures vi. Water boundaries Date boundary was measured Which attribute(s) were located Caveat (boundary is subject to change, etc.) Show or explain if aware of realignments or changes Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures vii. Gaps/Overlaps and Adjoiners Relationship to adjoiners Interior gaps/overlaps when property is composed of multiple parcels Gaps/overlaps to be disclosed prior to or upon delivery of plat/map Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures viii. When in the opinion of the surveyor Results differ significantly from the record Fundamental decisions related to boundary resolution are not clearly reflected Explain with notes 25

26 Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures ix. Location of buildings dimensioned perpendicular to those perimeter boundaries deemed appropriate by the surveyor - Where potentially impacted by setback lines - As requested Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures x. Explain site conditions that prevented achieving acceptable RPP (see 3.E.v.) - Relief - Vegetation - Improvements Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures xi. A note where physical access within 5 feet of the boundaries was restricted (see 5.C.ii.) 26

27 Section 6 Plat or Map B. Boundary, Description, Dimensions, Closures xii. A note identifying source of title evidence provided to the surveyor (see Section 4) Title commitment Other evidence acceptable to the title company Section 6 Plat or Map C. Easements, Servitudes, Rights of Way, Access and Documents i. Location, width and recording info of all rights of way, easements & servitudes Burdening and benefitting surveyed property If plottable If evidence of same was provided to the surveyor Section 6 Plat or Map C. Easements, Servitudes, Rights of Way, Access and Documents ii. 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: 27

28 Section 6 Plat or Map (a) Location cannot be determined from record (b) No observed evidence (c) blanket easement (d) Not on or touching surveyed property (e) Limits access (f) Documents are illegible (g) Surveyor has info that it has been released or terminated Which R/W, easements and servitudes impact which parcel when multiple parcels Section 6 Plat or Map C. Easements, Servitudes, Rights of Way, Access and Documents iii. Note if no physical access observed Section 6 Plat or Map C. Easements, Servitudes, Rights of Way, Access and Documents iv. Locations and widths of R/W abutting or crossing surveyed property and source of such info a) Where available from jurisdiction b) Where disclosed in documents provided to surveyor (see Section 4) 28

29 Section 6 Plat or Map C. Easements, Servitudes, Rights of Way, Access and Documents v. Identifying titles and recording data for all recorded plats, field maps, r/w maps, or other documents which the survey represents Section 6 Plat or Map C. Easements, Servitudes, Rights of Way, Access and Documents vi. Recording data identifying adjoining tracts (names no longer required See Table A item 13) Recording data of adjoining subdivisions Section 6 Plat or Map C. Easements, Servitudes, Rights of Way, Access and Documents vii. Platted setback or building restriction lines Appearing on recorded subdivision plats, or Disclosed in documents provided to the surveyor 29

30 Section 6 Plat or Map D. Presentation i. Not less than 8 ½ by 11 Legible standard scale Scale indicated in words and graphically Section 6 Plat or Map D. Presentation ii. Plat/map shall include a) Boundary distinguishable b) No buildings observed c) North arrow d) Legend e) Vicinity map f) Details when necessary Section 6 Plat or Map D. Presentation ii. Plat/map shall include (continued) g) Notes explaining any modifications or additions to Table A h) Project number, name, registration number, signature, seal, address, telephone number, company website and address. 30

31 Section 6 Plat or Map D. Presentation ii. Plat/map shall include (continued) i) Dates of any revisions j) Sheet numbers when multiple sheets k) Caption ALTA/NSPS Land Title Survey Section 6 Plat or Map D. Presentation iii. When recordation or filing is required, plat/map to be produced in recordable form 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 31

32 Specify what certification you will use and who you will certify to in your contract HUD, Fannie Mae, etc. certifications? Separate sheet of paper X-ref to survey Additional parties Charge a fee? Certifications Certifications Successors and Assigns? Only for lender Do not make express guarantees or warranties Professional Liability insurance will not cover you for Certifications 32

33 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 Table A Make the client specify items and include in contract Table A Twenty (20) items 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 33

34 Table A 1. Monuments Set monument or witness Major corners Unless marked or referenced by existing monuments or witnesses in close proximity NOTE If state regulations require monumentation, the surveyor must comply with those regulations (see Section 3.B.) Table A 2. Address(es) of surveyed property If disclosed in documents provided, or If observed Table A 3. Flood zone classification Based on FIRM or state/local equivalent Scaled map location and graphic plotting 34

35 Table A 4. Gross land area Other areas if specified by client 5. Vertical relief Source Contour interval Datum Benchmark Table A Table A 6. Zoning a) If set forth in zoning report/letter provided to the surveyor by client List: Zoning classification Setback requirements Height and floor space area restrictions Parking requirements Identify date and source of report/letter 35

36 Table A 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: Setback requirements Identify date and source of report/letter Table A 7. Building dimensions and areas a) Exterior dimensions at ground level b) Square footage of a) Exterior footprint of buildings at ground level b) Other areas specified by the client c) Measured height at a designated location Table A 8. Other substantial features observed In addition to those required pursuant to Section 5 Parking lots Billboards Signs Swimming pools Landscaped areas Substantial areas of refuse 36

37 Table A 9. Parking Number and type of clearly identifiable parking spaces Parking areas Parking lots Parking structures Striping on surface parking areas and lots Table A 10. Walls a) As designated by client, relationship and location of certain division or party walls b) As designated by client, plumbness of certain walls Client to obtain permissions Table A 11. Utilities 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 37

38 Table A 11. Utilities 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 Table A 12. Government agency requirements e.g., HUD (Multi-family or LEAN 232) BLM Leases Table A 13. Names of adjoining owners According to current tax records If more than one owner, list first followed by et al 38

39 Table A 14. Distance to nearest intersecting street As specified by client 15. Alternate technologies and tools Rectified Orthos Photogrammetric mapping Remote sensing LiDAR Table A Table A 15. Alternate technologies and tools Not applicable to boundaries or features in close proximity to boundaries Surveyor shall Discuss precision and completeness with client, title company and lender Place a note on the plat/map explaining: Source, date, precision Other relevant qualifications of such data 39

40 Table A 16. Observed evidence of recent earthmoving, building construction or building additions Table A 17. Proposed changes in street right of way lines If made available to the surveyor by the jurisdiction Observed evidence of recent sidewalk construction or repairs Table A 18. Wetlands 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 Note if none observed 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. Client to obtain necessary permissions Table A 20. Professional liability insurance Client designates amount (negotiated) Insurance to be in effect throughout the term of the surveyors contract with the client (on a land title survey, normally only a few weeks) This is not related to the length of the surveyor s liability which is determined by state statutes of limitation and/or repose Table A 21. Additional items that may be negotiated with the client (21(a), 21(b), etc.) 41

42 Questions? Contact me via The Schneider Corporation Gary R. Kent, PS Integrated Services Director 8901 Otis Avenue Indianapolis, IN Phone