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 THURSDAY, APRIL 21, 2016 1pm 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 emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.
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The New ALTA/NSPS Land Title Survey Standards ~ What Attorneys need to Know ~ Strafford Publications Webinar April 21, 2016 Presented by Gary R. Kent, PS and Mary A. Slade, Esq. 5
The ALTA/ACSM (NSPS) Standards 1962 1986 1988 1992 1997 1999 2005 2011 2016 February 23, 2016 6
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
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
Preamble NSPS is the legal successor organization to ACSM The 2016 Standards are the next version of the former ALTA/ACSM standards 9
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
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. 11
Section 3.E.iii. Measurement Standards Relative Positional Precision is a measure of how precisely the surveyor is able to monument and report those positions; it is not a substitute for the application of proper boundary law principles. A boundary corner or line may have a small Relative Positional Precision because the survey measurements were precise, yet still be in the wrong position (i.e., inaccurate) if it was established or retraced using faulty or improper application of boundary law principles. [Emphasis added.] 12
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 13
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 14
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 15
Section 3.D. Boundary Resolution 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. 16
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 17
Section 4 Records Research Request to set forth: Record description of property to be surveyed Record description of parent tract if original survey 18
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 19
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 20
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 21
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 22
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)] 23
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 24
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? 25
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: 26
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 27
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 28
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 29
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 30
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 31
6. Zoning Table A 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 32
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 33
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 34
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 35
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 36
Questions? Gary R. Kent, P.S. gkent@schneidercorp.com Mary A. Slade, Esq. lucasandcompany@bellsouth.net 37