Montana Land Title Association (MLTA) 2015 Spring Education Seminar ALTA/ACSM Land Title Surveys Speaker Outline Handout

Similar documents
Land Surveys and Real Property Boundaries

Exploring the 2016 ALTA/ACSM NSPS Land Title Survey Standards

SECTION SITE SURVEYS

MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA / NSPS LAND TITLE SURVEYS (Effective February 23, 2016)

Why have an ALTA/ACSM Land Title Survey? Northeast Indiana Commercial Brokers Presentation May 14, 2008

MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS

Surveying It s All in The Details!

These requirements are:

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

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

HANDBOOK FOR COMMERCIAL REAL ESTATE DUE DILIGENCE. Zoning Reports Environmental Assessment

The 2011 ALTA/ACSM LAND TITLE SURVEY STANDARDS

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

Minimum Standard Detail Requirements

SKETCH OF BOUNDARY SURVEY ALTA / ACSM LAND TITLE SURVEY

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

VOLUME 21 NUMBER 2 MARCH 2005

250 CMR: BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS DRAFT FOR DISCUSSION PURPOSES ONLY

ALTA/ACSM Land Title Surveys

ALTA/ACSM Land Title Surveys ~An Introduction to the 2011 Standards~

TITLE INSURANCE OVERVIEW. November 16, 9 a.m. Eastern Presented by: Jessica Mullen

www. Allenbrand-Drews.com

Standards of Practice for Surveying in the State of Alabama

RULES OF THE GEORGIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS CHAPTER APPLICATIONS TABLE OF CONTENTS


New Jersey Society ~of~ Professional Land Surveyors

Final Plat Approval of a Minor Subdivision Application Packet

Final Plat Approval of a Major Subdivision Application Packet

Secret and Forgotten Elements of Rule 12

Applicant: Address: Fee Owner: Address: Property Location (Address and Complete (long) Legal Description: Detailed Reason for Request:

ALTA/NSPS Land Title Surveys

APPLICATION PROCEDURE

CITY OF EL CENTRO COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR LOT LINE ADJUSTMENT

DAWSON COUNTY MINOR PLAT REVIEW CHECKLIST $50.00 FEE PER PLAT REVIEW, $5.00 FEE FOR SCAN & CD FOR RECORDING

CONCEPT PLAN APPLICATION Meeting with Staff Commercial Projects

8726. Land surveying defined

CODE OF PRACTICE FOR LAND SURVEYORS

PRELMINARY PLAT CHECKLIST

ADMINISTRATOR: A person appointed by a probate court to settle the affairs of a deceased person who had no will. See "personal representative".

GENESEE VALLEY LAND SURVEYORS ASSOCIATION MINIMUM STANDARDS FOR A MAP OF A SURVEY. Effective Date: February 15, 2017

UTAH COUNCIL OF LAND SURVEYORS STANDARDS OF PRACTICE FOR BOUNDARY SURVEYS

COMMERCIAL SITE DEVELOPMENT GUIDE FOR UNINCORPORATED ST. CHARLES COUNTY

CITY OF FAYETTEVILLE, ARKANSAS FINAL PLAT FOR STAFF USE ONLY FINAL PLAT FEE: $ $ Date Application Submitted: Date Accepted as Complete:

CHECKLIST FOR DEVELOPMENT REVIEW

Waseca County Planning and Zoning Office

APPENDIX B. SUBMISSION REQUIREMENTS

MnDOT Contract No Exhibit B. Scope of Work. Scope of Work

CHAPTER 9.06 BOUNDARY LINE ADJUSTMENTS

ANDOVER CODE. Checklist #5 Preliminary Site Plan Conditional Use

I. Requirements for All Applications. C D W

Diligence. Due. Right. Done. Indiana Commercial Board of REALTORS 2015 Indiana Commercial Real Estate Conference. June 5, 2015

Preliminary Plat/Final Plat Application

Rule 21 STANDARDS OF PRACTICE FOR SURVEYING

2017_10_MIKES_SWEETMAN_OE_PC.PDF

Subdivision (Plat) Checklist

PROVO CITY MUNICIPAL ANNEXATION GUIDE

SECTION 6 - APPROVAL OF PLATS. Whenever any subdivision of land is proposed, and before any permit for the

Kansas Minimum Standards For Boundary Surveys and Mortgagee Title Inspections Standards of Practice

SUBDIVISION APPLICATION

City of Suwanee Development Regulations ARTICLE 10 PLAN AND PLAT SPECIFICATIONS

RFQ INDEFINITE DELIVERIES CONTRACT - LAND SURVEYING SERVICES MAY

Initial Subdivision Applications Shall Include the Following:

REQUEST FOR PROPOSAL RFP # TOC17-001

Below Market Rate Program Administrator. Request for Proposals

201 KAR 18:150. Standards of practice.

TOWN OF ROXBURY PLANNING BOARD

PRELIMINARY PLAT CHECK LIST

SUBDIVISION APPLICATION CHECKLIST SKETCH PLAN PRELIMINARY PLAT FINAL PLAT

SEARS BUILDING & LAND for SALE

MAJOR RESIDENTIAL AND NONRESIDENTIAL SUBDIVISIONS

Light Industrial CLASSIFICATION STANDARDS & APPLICATION INSTRUCTIONS

SITE DEVELOPMENT PLAN REQUIREMENTS CHECKLIST

Allegheny County Sanitary Authority REQUEST FOR QUALIFICATIONS. for

Condominium Unit Requirements.

EXTENDED COVERAGE. Extended Coverage 7/2000

PLATS: OLD AND NEW. Minnesota Recorder s Summer Conference June 14, 2007 Lisa M. Hanni, PLS

May 2012 Professional (Cadastral) Examination

Sections 8 and 10 of the Act and the Condominium Property Regulation (Alberta Regulations 168/2000), govern the preparation of a condominium plan.

CITY OF SARALAND PRELIMINARY SUBDIVISION PLAT REVIEW

PLANNING BOARD CITY OF CONCORD, NH MINOR SUBDIVISION CHECKLIST

City of Leavenworth DEPARTMENT OF DEVELOPMENT SERVICES MAJOR SUBDIVISION APPLICATION 1

FINAL PLAT APPLICATION

Wayne County Title Agency, Inc. 141 E. Liberty Street Wooster, OH Phone Fax

ALTA/ACSM Land Title Surveys: The Good, the Bad and the Ugly. Mitch Duryea, PLS 2015 PLSO Conference January 23, 2015 Salem, Oregon

CITY OF GROVER BEACH COMMUNITY DEVELOPMENT DEPARTMENT Tentative Map Checklist

CFedS Outline Unit 1. Course 1: History, Records & Administrative Systems

CITY OF FAYETTEVILLE, ARKANSAS PROPERTY LINE ADJUSTMENT

Section I General Information

ARTICLE 5 MINOR SUBDIVISION/LAND DEVELOPMENT

CITY OF SARALAND FINAL SUBDIVISION PLAT REVIEW

A. Appropriate agency responsible for transportation review for the subject property.

California-Specific Professional Land Surveyor Examination Test Plan

PLYMOUTH PLANNING BOARD APPLICATION FOR A MINOR SUBDIVISION OR MAJOR SUBDIVISION

General Instructions For Surveys and Plans Outside the Provincial Survey System

PERRY CITY UTAH REQUEST FOR PROPOSALS REAL ESTATE BROKER SERVICES

ARTICLE 13 CONDOMINIUM REGULATIONS

SECTION 4: PRELIMINARY PLAT

METRO BROKERS Checklist for Commercial Real Estate Professionals

RESIDENTIAL REAL ESTATE AGENT SERVICES FOR NEIGHBORHOOD STABILIZATION PROGRAM

TOWNSHIP OF BORDENTOWN LAND DEVELOPMENT APPLICATION CHECKLIST. General Requirements for all Applications

Transcription:

Montana Land Title Association (MLTA) 2015 Spring Education Seminar ALTA/ACSM Land Title Surveys Speaker Outline Handout A. What is an ALTA/ACSM Land Title Survey? a. Four different kinds of land title survey deliverables (in Montana): i. Retracement Surveys. Land surveys that map and document existing tracts of record. 1. Most basic form of land survey deliverable. ii. Exemption Surveys. Land surveys that map and document newly modified or created tracts by way of an exemption claim from subdivision review. 1. Typically have more content than a retracement survey. iii. Subdivisions. Land surveys that map and document newly created tracts by way of the subdivision process. 1. Typically require more content than retracement or exemption surveys. iv. ALTA/ACSM Land Title Surveys. Land surveys that map and document a tract or tracts of record associated with a particular title commitment and the improvements associated with the subject tract or tracts. 1. Can require the most content and detail of land title survey deliverables. B. Why do the standards exist? a. Excerpts borrowed with permission from Gary R. Kent seminar An Introduction to the New 2011 Standards, September 24, 2011. i. Land title insurance is unlike other types of insurance in several respects. Life insurers expect to pay on the policy at some time in the future. Accident insurers may have to pay on the policy in the future. The title insurer, however, expects never to have to pay on a land title insurance claim. Title insurance has been called risk elimination insurance. The insurance company examines the title to the land, identifies any issues which may be defects leading to diminution in value, eliminates those issues from coverage, and provides a contract to indemnify the policy holder for any undiscovered issues. If the title examiners have done a thorough job, the company never has to pay on a claim. But doing a thorough job involves more than merely examining the title to the property. There are issues that can be identified only by a physical examination of the property, and that is where the ALTA/ACSM Land Title Survey may be brought into the picture. Land title insurance policies are often written with survey exceptions. That is, without a current, dependable survey of the property, the insurer will except from coverage any title defects that may have been discovered by the land survey. In order to eliminate the survey exception, a survey will be ordered. ii. Standards. After a survey is ordered, there are scope-of-survey questions to consider. What kind of survey is required by the title insurer? What must be included in the survey? What standards should apply? Because of the wide variety of surveys performed by professional land surveyors (cadastral, topographic, construction, control, hydrographic, etc.) and the broad differences in the level of accuracy and precision applied in different

circumstances, people ordering surveys for land title insurance felt the need for a formal, printed standard. The standards apply to the entire nation and do not vary region to region like other survey products. iii. Apples to Apples responses to request for proposals (RFP). Standards have a leveling effect on the professionals responding to the RFP. Practitioners can deliver services of unequal quality when they are all performing to a standard devised in each of their own minds as a result of each of their own impressions of what is required. Land surveyors presented with a RFP can be more assured there is a set of concise, comprehensive standards included with the RFP. iv. Most purchasers of land surveying services have little or no understanding of surveying procedures and practices. Standards make it clear both to the purchaser and the deliverer of services what is being required and what will be expected in the final product. One of the most frequent causes of disputes over fees between professionals and their clients is a poorly defined scope. A carefully drawn scope of work defined by well prepared standards minimizes confusion at the contracting stage of a project as well as at the invoicing stage. v. Printed standards can assist in establishing the normal standard of care in an occupation. In professional liability cases, a question that often comes up is regarding the standard of care that should have been applied in the subject case. Having printed standards assists in defining minimum performance level for a particular type of survey. The normal standard of care for that type of survey must be at least that level and may be above it. C. Who writes the standards? a. The American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS, formerly ACSM). i. There are working committees in place and active consisting of title professionals, professional land surveyors, and attorneys. These are permanent committees due to the dynamic nature of lending, real estate, and land title insurance needs. ii. These committees meet throughout the year. In 2014, the joint committee had a conference call and met for a full day in Philadelphia and made it through a 14 page list of suggestions regarding the standards. An NSPS sub-committee met last spring in San Diego, last fall in Kansas City, and in April of 2015 in the Washington, DC. iii. Final draft of new standards is expected to be voted upon by the ALTA Board of Governors and the NSPS Board of Directors in the fall of 2015. New standards are expected and effective on February 23, 2016.

D. The Minimum Standard Detail Requirements. NOTE: this list is VERY abbreviated; please see www.alta.org for the complete document. a. Glossary of Sections (Numbered and lettered to correspond with the actual requirements): 1. Purpose. 2. Request for Survey 3. Surveying Standards and Standards of Care a. Effective Date b. Other Requirements and Standards of Practice c. The Normal Standard of Care d. Boundary Resolution e. Measurement Standards 4. Records Research 5. Field Work a. Monuments b. Rights of Way Access c. Lines of Possession, and Improvements along the Boundary d. Buildings e. Easements and Servitudes f. Cemeteries g. Water Features 6. Plat or Map a. The evidence and locations gathered during the field work as outlined in Section 5 b. Boundary, Descriptions, Dimensions and Closures c. Easements, Servitudes, Rights of Way, Access and Record Documents d. Presentation 7. Certification 8. Deliverables b. Table A Optional Survey Responsibility and Specifications 1. Monuments placed 2. Addresses 3. Flood zone classification 4. Gross land area 5. Vertical relief 6. Current zoning classification and requirements as provided by the insurer 7. a. Exterior dimensions of all buildings at ground level b. Square footage of exterior footprint of all buildings at ground level c. Measured height of all buildings above grade at location specified by client.

8. Substantial features observed in the process of conducting the survey such as parking lots, billboards, signs, swimming pools, landscaped areas, etc. 9. Striping, number and type (e.g. handicapped, motorcycle, regular, etc.) of parking spaces in parking areas, lots and structures. 10. a. Determination of the relationship and location of certain division or party walls designated by the client with respect to adjoining properties b. Determination of whether certain walls designated by the client are plumb 11. Location of utilities existing on or serving the surveyed property as determined by: a. Observed evidence b. Observed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources Railroad tracks, spurs and sidings; Manholes, catch basins, valve vaults and other surface indications of subterranean uses; Wires and cables (including their function if readily available) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole cross-members or overhangs; and utility company installations on the surveyed property. 12. Governmental Agency survey-related requirements as specified by the client, such as HUD surveys, and surveys for leases on Bureau of Land Management managed lands. 13. Names of adjoining owners of platted lands according to records. 14. Distance to the nearest intersecting street as specified by the client. 15. Rectified orthophotography, photogrammetric mapping, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g. the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey and (b) place a note on the face of the survey explaining the source, date, precision and other relevant qualifications of any such data. 16. Observed evidence of current earth moving work, building construction or building additions.

17. Proposed changes in street right of way lines, if information is available from the controlling jurisdiction. Observed evidence of recent street or sidewalk construction or repairs. 18. Observed evidence of site use as a solid waste dump, sump or sanitary landfill. 19. Location of wetland areas as delineated by appropriate authorities. 20. a. Locate improvements within any offsite easements or servitudes benefitting the surveyed property that are disclosed in the Record Documents provided to the surveyor and that are observed in the process of conducting the survey (client to obtain necessary permissions). b. Monuments placed (or a reference monument or witness to the corner) at all major corners of any offsite easements or servitudes benefitting the surveyed property and disclosed in Record Documents provided to the surveyor (client to obtain necessary permissions). 21. 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. 22. (Blank placeholder for write-in item). An example would be item E-c below. E. The Deliverable Map. a. A certified technical illustration of the on-site fieldwork and its relationship to record documents. b. Prefer hand delivery, particularly when the survey has any complexity to it. c. Can be a linked pdf document. Many clients find this a much more useful product than a traditional printed large format map. F. Conclusion: An ALTA/ACSM Land Title Survey is an effective and efficient tool to procure and document a legal land title survey. Being familiar with this tool prior to deciding if one is needed is good practice. a. Should you have any questions regarding ALTA/ACSM Land Title Surveys, please don t hesitate to contact Dan Stahly at dstahly@seaeng.com or visit Stahly s web site www.seaeng.com