This section will explain the purpose of ALTA/NSPS Land Title Surveys, the procedure to request a survey proposal, and any additional information needed to perform the survey.
RM Meridian has extensive knowledge and experience in the preparation of ALTA Surveys. Some of the company’s first projects were ALTA Surveys, and we continue to build upon that growing list of satisfied clients who use our services for their transactions. We are authorized to practice in and have performed ALTA Surveys in the states of Colorado, Idaho, and Kansas.
What is an ALTA Survey? Why might I need one?
The ALTA Land Title Survey was established through the combined efforts of the American Land Title Association (ALTA) to create a highly-detailed survey that would remove the standard survey exceptions from the Title Insurance policy for both the owners and the lenders. ALTA Surveys can be very complex and take weeks to perform. Depending on the particular requirements and parcel of land, it may cost much more than a standard survey. For this reason, they are typically only performed for commercial properties. They are required most often by the title company and/or the lender. For their purposes, a Boundary Survey showing the improvements to the subject parcel is prepared to “ALTA Specifications.” The current specifications for this type of survey are found here, 2016 Minimum Standard Detail Requirements jointly approved by the National Society of Professional Surveyors (NSPS), American Land Title Association (ALTA). These standards specify the information required to be included in the survey.
ALTA Surveys provide facts to the lender, owner or buyer so that they can accurately evaluate the property in question, and are able to recognize risks or possible benefits that may be included within the property. The surveys can include but are not limited to discrepancies between record title lines as monumented or occupied on the ground, easements and exceptions, as well as undefined easements or uses evident while conducting the survey. Permanent improvements to the property being surveyed including utilities or accesses are also included. The date of the field observations verify existing matters that were observed at the time of the survey. Optional responsibilities and specifications listed in Table A that were negotiated to be included in the survey can reveal specific facts about the property. Although only one party of a real estate transaction contracts a surveyor, the results of the survey are critical to multiple parties. The results can answer questions or solve disputes relating to the property involved.
Before an insurance policy can be supplied, a title company must issue a title commitment that cites the insurable property and the exceptions to coverage that were discovered in public records or other official documents. The standard title commitment prepared by an insurer will include two sections for the purpose of defining property limits and listing exceptions to title. These sections are known as “Schedule A” and “Schedule B-II.” Schedule A cites the record description of the property, listing pertinent rights to the property, such as easements or previously established agreements. The Schedule B-II Exceptions section is based upon the title examiner’s abstract of the property through public records. This section elaborates on the exceptions, such as easements and restrictions that may burden or benefit the property. RM Meridian will restate each exception as it appears in the commitment and will provide comment(s) on each exception. Within the ALTA survey, listed exceptions will be observed in the field to confirm whether or not the exceptions will have an effect on the property in question.
It is imperative for RM Meridian to be provided a current and complete title commitment. Without a commitment the surveyor does not know the exact terms of the survey, leading to more work for both parties and an unsatisfactory survey. The same applies to Schedule B-II Items being provided. A commitment excluding the exception documents can cause poor results and unnecessary costs. The surveyor will make note of easements or uses of the property that are observed but will discover that they may have been permitted based on previously recorded documents.
For insurance purposes, the ALTA Land Title Survey is used to remove and sometimes add exceptions to the insurance coverage offered to the lender or buyer. Insurance against potential use losses or claims against the land after the property was purchased is to be provided by the title insurer at the request of the purchaser and/or lender. Said insurance provides protection from conflicts with adjoining properties over various issues such as boundary lines, encroachments to and from adjacent properties, the rights of the parties to the properties’ easements, leases, etc. Also covered or addressed are matters that may affect zoning, the contiguity of land parcels that combine to form the property being surveyed and private access to or public right of way.
Minimum Standard Detail Requirements for ALTA Surveys
Optional Survey Responsibilities
Procedure to Request Proposal
When requesting a proposal for a survey, there are several items that need to be taken into consideration by RM Meridian before supplying an accurate quote. The specifications, the limits and other requirements requested by the client will be the basis of the cost. To provide the best service for an affordable cost, RM Meridian will do everything in its power to reduce costs when possible and will not exceed the quoted price, so long as the requirements and needs of the survey have not changed. If the requirements for the survey have been altered from the original scope of work then RM Meridian will provide a revised quote or change order that will reflect the additions or omissions made to the initial request. Included with the quote will be the length of time it should take for the survey to be completed. If any revisions are made to the original request the updated quote will (if applicable) include the altered date of completion. Reproduction charges and delivery costs will be billed based on the client’s needs on a cost plus basis.
Authorization to Proceed
The client will need to provide a written Authorization to Proceed. This authorization will also acknowledge the acceptance of Rocky Mountain Meridian’s proposal, requirements, and terms and conditions. Securing written or verbal permission for the surveyor to enter the property in question, adjoining properties or off-site appurtenant easements is typically the responsibility of the client.
Standard Surveyor Certification for ALTA Land Title Survey
Alterations of the certification are prohibited excluded those that may be required by a controlling jurisdiction. The practice of negotiating a certification was common prior to the adoption of the 2011 Standards. These prohibitive changes were made so that there would be uniformity to the product, eliminating the time and energy wasted negotiating, creating custom certificates, and interpreting statements that could end up being ambiguous, creating more trouble. A campaign by the insurance companies also warned that if a surveyor was not careful and a mistake on the certification was missed, they could become liable beyond the scope of services that they would be providing. If the verbiage in the Minimum Standard Detail Requirements or in a negotiated optional Table A Item, the surveyor can be asked to elaborate with a separate document included with the survey. Negotiations of an additional Table A Item (Item 22 and above) is allowed so long as the information requested is within the surveyor’s realm of expertise. Any alternate form of certifications prior to 2011 would have found the aforementioned options within its contents to satisfy some of the statements.
Prior to the change of requirements in 2011, the Survey Certification was considered negotiable but this practice is no longer acceptable. It is now clear that no changes are to be made to the original document, as stated in the directive, “The Survey shall bear ONLY the following certification, UNALTERED, except as may be required pursuant to Section 3.B. above.”
From previous experience, RM Meridian requests that if the client has multiple users creating revision requests and review comments that they should collect and consolidate any comments or requests into a Word document, Excel spreadsheet or PDF file. This action is advised to prevent the submission of conflicting requests, to reduce the number of revisions, and to lessen confusion in what needs to be added or removed. Once RM Meridian receives the consolidated comments, it will revise or redraft the ALTA survey. After editing, a new corrected edition will be distributed to the client.