1. Introduction What is an ALTA Survey? Why is an ALTA Survey needed? Ordering an ALTA Survey 5. 5.

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2 TABLE OF CONTENTS 1. Introduction 1 2. What is an ALTA Survey? 2 3. Why is an ALTA Survey needed? 4 4. Ordering an ALTA Survey 5 5. Definitions 7 6. Definitions of FEMA Flood Zones Land Conversion Key Articles on Land Surveys Full Text of 2011 Minimum Standard Detail Requirements for ALTA/ACSM Survey Understanding the Table A Optional Items Review Checklist Additional Resources Partner Information Notes 89

3 1. Introduction

4 1. Introduction This handbook was created to explain the contents and purpose of an American Land Title Association (ALTA) / American Congress on Surveying and Mapping (ACSM) Survey commonly referred to simply as an ALTA Survey. The handbook also serves to provide helpful information and resources to those ordering and reviewing ALTA Surveys. Partner Engineering and Science, Inc. Partner s national ALTA Survey team has decades of experience conducting, coordinating, and reviewing surveys. We are experts in the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys and have a deep understanding of how our clients rely on ALTA Surveys and the implications to their business decisions. Refer to Section 13 for more information about Partner. 1

5 2. What is an ALTA Survey?

6 2. What is an ALTA Survey? An ALTA Survey is an essential tool for all parties involved in a real estate transaction or development. The survey is used to determine and depict important features of a property, including: location; boundaries; access to rights of way; buildings and other improvements; easements; encroachments; water features; and other significant features. An ALTA Survey can be thought of as a pictorial representation of the title commitment or preliminary title report of the subject property. The ALTA Survey can also be thought of as a combination of a boundary survey, location survey, and title survey, showing improvements and encumbrances. The survey will establish the property s boundary essentially verifying the existing legal description(s) of the property provided in Schedule A of the title commitment, or creating a new one. The survey will also depict how survey related exceptions to title affect the property these are items that the title insurance will not cover and are found in Schedule B of the title commitment. 2

7 Examples of some Schedule B Exceptions include: utility easements, ingress/egress easements, leases, taxes, mortgages, and others. Not all of the items in Schedule B can be addressed by a surveyor. All ALTA Surveys must abide by the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys (hereafter abbreviated in this document as 2011 Minimum Standard or the Standard ). The Standard mandates the elements that the survey must cover at a minimum. The Standard also lists optional items that can be included at the client s request, known as the Table A Optional Items. Refer to Section 10 for a discussion of each Table A Optional Item. 3

8 3. Why is an ALTA Survey needed?

9 3. Why is an ALTA Survey needed? Many parties to a real estate transaction rely on the ALTA Survey for the following: Removing survey exceptions from a title commitment; Showing interested parties the potential risks and benefits from property ownership; Recognizing issues such as: boundary line conflicts; encroachments; easements; contiguity between parcels; access to highways; zoning issues; and other potential losses and claims against the land that may arise after purchase; and The survey date and field date provide verification of actual matters as they existed before the survey. This protects sellers of property from claims that may be brought by the lender or buyer after conveyance. 4 Common issues identified by the survey can include: Differing legal descriptions Legal descriptions that don t mathematically close Unexpected easements and encroachments Boundary issues with neighbors Flood zone issues Non conformance with zoning

10 4. Ordering an ALTA Survey

11 4. Ordering an ALTA Survey Client-Provided Information The following information is absolutely essential for an accurate quote: The address of the property; The name, company name, address, phone and of the ordering party; Significant information about the property or transaction that would allow the surveyor to provide a proposal that conforms to the needs of the user, lender or other transactional parties; and Required date of the first draft of the survey. The following information is also very helpful, if available, to provide to the surveyor: Any Parcel ID Number(s) of the property; Current and prior title commitment or policy; Copies of any supporting documents that are listed on Schedule A and B; Any prior survey or information from previous surveyors of the property; A current and up to date set of survey requirements (that fall within the confines of the 2011 Minimum Standard) from the lender or lender s council including any Table A Optional Items required. This may be essential depending on the lender; The names of all transaction parties that are to be included within the Surveyor s Certification; and Legal description of the property. 5

12 Site Access If site access arrangements are needed, or if access to neighboring properties is required (for Optional Items 10 or 20 ), the client should assist in making these arrangements. What to Expect Price: ALTA Surveys will vary in price according to factors such as: property size and characteristics (for example, an apartment complex versus undeveloped land); property location and how difficult it is to survey in that location; which Table A Optional Items are included; and many other factors. For the most part, the smaller and less complex a property, the cheaper the price. Turnaround Time: Most surveys are completed within 12 business days, however the time can also vary based on property size and characteristics, as well as any Optional Items that are included. Short time frames can often be accommodated, but this must be discussed prior to the proposal as a rush fee may be applicable and very tight timeframes may not be possible based on the work required. 6 Please note: The quoted turnaround time is for the first draft of the survey and does not contain time for the client s review, clarifications and any requested revisions. It is common for the client to have questions or revisions, so additional time should be allotted to address these items. Product: The survey information will be shown on a plat map or survey map in a user friendly standardized format, which will be delivered to the client as an electronic file (PDF) unless otherwise requested. Section 6 of the 2011 Minimum Standard outlines what items must be included on the survey map. Clients will find it valuable that the same formatting is adhered to on each survey map, allowing for the efficient location and review of information.

13 5. Definitions

14 5. Definitions 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys: The standard that governs land title survey requirements is the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys. The Minimum Standard was created to ensure consistent surveys that meet the needs of transaction parties such as the lender, client, surveyor, and title insurer. The Standard includes mandatory or minimum requirements to be included on the survey, as well as 21 optional items listed in Table A Optional Survey Responsibilities and Specifications. The Minimum Standard Detail Requirements were first published in 1962 jointly by the American Land Title Association (ALTA) and American Congress on Surveying and Mapping (ACSM), and have undergone several revisions from 1988 to 2005 and most recently in The 2011 update of the Minimum Standard Detail Requirements had numerous revisions, including a significant change to the certification language allowed. Other changes included records review requirements, plat requirements, and revisions to Table A Optional Items. 7 American Congress on Surveying and Mapping (ACSM): The American Congress on Surveying and Mapping (ACSM) is a professional membership society for the spatial data information industry. ACSM s members include three primary organizations (NSPS, AAGS and GLIS), whose members include surveying and mapping professionals such as surveyors, cartographers, geodesist, and other spatial data information related professionals. ACSM and the National Society of Professional Surveyors (NSPS) have proposed to merge.

15 American Land Title Association (ALTA): The American Land Title Association (ALTA) is the national trade association for the land title insurance industry. ALTA s members include those who search, review and insure land titles. ALTA provides training, resources and advocacy for its members and the land title insurance industry. Appurtenance: An appurtenance, in the context of real estate, is a feature or right of use that is subordinate to, and belongs with, a larger more dominant feature. Examples include a shed that belongs to a property, a bay window that belongs to a house, and an easement that belongs to the property. In ALTA Surveys, the term may refer to an appurtenance that encroaches onto another property or right of way, such as an eave that overhangs onto the sidewalk. Certification: The ALTA Survey must bear the exact certification language detailed by the 2011 Minimum Standard, which indicates that the survey was conducted in accordance with the Standard. The certification language must also indicate any Table A items included, and identify the affected parties (such as the buyer, seller, title company, and lender). 8 Certifying Parties: The list of those parties having an interest in the survey. Typically this includes the name of the insured, the name of the lender, the name of the insurer, and the names of others as negotiated with the client. Easement: An easement is the right to use another s real property without owning it. The term easement commonly refers to pathways across one property to another, and can also refer to rights to use a property, such as the right to park. Easements may grant or deny rights, and may benefit or burden a property.

16 In the context of ALTA Land Title Surveys, there are several important types of easements: Appurtenant / Benefitting Easement: A benefitting easement that grants use over or onto another property is an appurtenant easement. See also Appurtenance above. Exclusive Access Easement, Easement of Necessity, or Right of Way Easement: An easement to provide access to an otherwise landlocked property having no roadway frontage. Reciprocal Easement Agreements: Reciprocal easement agreements provide two or more properties the same rights to use or access each other s property or a portion thereof, such as a parking lot. The agreement thus both benefits and burdens the property. Easements are required to be identified in the ALTA Survey. 9 Encroachment: An encroachment occurs when an aspect of real property advances beyond a boundary. An encroachment might be caused by a physical improvement on a property, such as a building or fence line. An encroachment may also be caused by a property use such as a drive aisle. The encroachment occurs when these features or uses extend past a boundary such as a property line or easement. In the context of ALTA Land Title Surveys, the surveyor is expected to denote any encroachments on the survey without expressing a legal opinion as to the ownership or nature of the encroachment. Encumbrance: An encumbrance is a burden on a property that may diminish the property s value, but doesn t prohibit the property title from being transferred. Examples of encumbrances that affect

17 the use or physical condition of a property are encroachments, restrictions and easements. There are also financial encumbrances (loans) and encumbrances that affect title (for example, leases, CC&R s and liens). Field Date: The date the survey field work was completed (as opposed to a later revision date). This is important because it provides verification of actual matters as they existed before the survey. This protects sellers of property and surveyors from claims that may be brought by the lender or buyer after conveyance. Legal Description: The written text describing the geographical location of a specific piece of real property used for identifying the property in a real estate transaction. There are many types of legal descriptions, including: metes & bounds descriptions; platted legal descriptions; US Government Legal Descriptions; easements; strip descriptions; and combinations. 10 Title legal description: The description of the property found within the title commitment or preliminary title report. This is usually the last transfer of title document recorded at the county recorder s Office. Surveyor legal description: The description created by the surveyor and depicted on the ALTA Survey to describe the entire property if requested. (Note: surveyor legal descriptions are provided as a convenience at the request of the person(s) ordering the survey. They are the surveyor s interpretation of the legal description found within the Title. If the owner of the property desires to revise the title description to match the surveyor s description, the appropriate state laws governing such action must be followed.)

18 Significant discrepancies between the title and surveyor legal descriptions can happen and these should be resolved in order to ensure the property is clearly defined. Measured: Refers to a dimension of the property that was ascertained by an instrument or device as it relates to dimensions shown on the recorded map or document. Observed: Refers to features on the surface of the property observed by the surveyor, or observed evidence of features (for example, indications of underground utilities such as fire hydrants, gas meters, light poles, etc.), as opposed to features that are unobservable (such as underground utilities with no above ground evidence of their existence) or features that are disclosed in the record documents (which may also be observed). Plat, Plat Map or Survey Map: A plat or survey map is a drawing created by a surveyor that graphically describes any type of land survey and may also be referred to as a property map. The plat map will depict all information identified in the survey. The information listed or shown on the survey will vary depending on the type of survey, individual state laws that may regulate land surveys, and individual surveyor s nuances. 11 For a new or modified parcel of land, the plat map may be filed along with the deed to the property, or with other public records regarding the property, in the county recorder s office depending on the state laws. The plat map or survey map is different from a county tax map. County tax maps generally show property perimeters as they relate to other parcels for the purpose of determining property taxation. The tax map may or may not contain some survey or deed information.

19 Platted Land: Platted land is land that has been subdivided from a larger lot or parent parcel into multiple lots and a map of its boundaries has been recorded at the county. The legal description of the property will usually refer to this map. Professional Land Surveyor: Also called a licensed land surveyor, the professional surveyor is an accredited, state licensed professional who conducts land surveys to measure and define real property and its boundaries. The professional may denote their certification as P.S. (professional surveyor), L.S. (licensed surveyor), P.L.S. (professional land surveyor), R.L.S. (registered land surveyor), R.P.L.S. (registered professional land surveyor), or P.S.M. (professional surveyor and mapper). In the U.S., the most common designation is P.S., while in Canada they are referred to as C.L.S. (Canada lands surveyor). Licensed surveyors are considered distinct from professional engineers; however, the fields are often closely related, particularly in civil engineering. 12 Record: Refers to the public records found on file at the county recorder s office, i.e. the record descriptions or plats of a property. Record Documents (for ALTA Land Title Surveys): As defined by the 2011 Minimum Standard, record documents include: the most recent title commitment; the current record description of the property to be surveyed (or the parent parcel); the current record descriptions of adjoiners; any record easements benefiting the property; and the record easements or servitudes and covenants burdening the property. The record documents are required to be provided to the professional surveyor by the client, title company, or other parties to the transaction.

20 Right of Way: In relation to the ALTA Survey, the right of way typically refers to the boundary or limits of an adjacent street or alley established by usage, easement or grant that gives the right of pedestrians and vehicles to pass freely. Servitudes (Real / Landed): In property law, a landed servitude or real servitude (simply called a servitude) is the real estate burdened by an easement for another property (the dominant estate). Sign & Seal: The signature of the surveyor and their state professional land surveyor s seal (which will follow the specifications required by the state of their certification). The sign and seal indicates that the surveyor takes professional responsibility for the work. Survey Coordinator: A company or individual that manages the process of procuring a survey to the client s specifications and needs. 13 Table A Optional Items: Specific additional optional items that can be included in the survey scope of work at the client s request. See Section 10 for more discussion of Table A items. Title Commitment: A title commitment is a document describing the rights being conveyed in real property during a property transaction, as well as any restrictions or rights that others may have on that property. The title commitment is prepared in advance of title insurance being issued. The title commitment is a critical piece of information that alerts the buyer, lender, and other transaction parties of any issues that could cloud the title to the real estate or restrict the use of the property. Essentially, the title commitment is used to determine that the seller has the right to sell the property,

21 and the buyer will receive all the rights to the property (and the lender can foreclose on the collateral, if necessary down the road). Schedule A: Contains the general information about the transaction and what rights or interests are being conveyed in the property. This includes, but is not limited to, the current owner name, the buyer name, the lender name, legal description of the property, benefitting easements (usually part of the insured estate and may be attached to the property legal description), and the property sale price. Schedule B: Describes any restrictions on the use of the property and rights or interests that others may have over the use of the property (such as utility easements or deed restrictions), as well as any proposed exceptions that will not be covered by the title insurance policy. Examples of limitations to the property rights include: Unpaid property taxes or mortgages; 14 Liens against the property; and Easements burdening the property. Common exceptions to title insurance include: Unrecorded information; Easements and rights of way; and Zoning or building restrictions. Each limitation and exception listed should reference a supportive or underlying document, from which the item was identified such as previous surveys, covenants, mortgages or

22 other documents. These documents must be provided to the surveyor. Schedule C: Contains any issues that must be resolved in order for the property transaction to close. Schedule D: Describes information on the title insurance policy, including all parties who will collect premiums from the insurance policy, the cost of the policy, the loan amount, and any title insurance endorsements. A thorough title commitment review is essential and often the lender is the most scrutinizing reviewer of the title commitment. Once all requirements and conditions are met, then the title insurance policy is issued. Title Insurance: A type of insurance that protects against financial loss due to title defects, liens, or other matters. The ALTA Survey will provide the title company with the information required to insure, or not insure, the title to portions or all of the land and improvements. 15

23 6. Definitions of FEMA Flood Zones

24 6. Definitions of FEMA Flood Zones Identifying the surveyed property s flood zone classification is an optional item (see Section 10 on Understanding the Table A Optional Items ), but is very commonly included to assess the need for flood insurance. Below is a guideline of the different flood zone classifications. As published by the Federal Emergency Management Agency (FEMA) High Risk Coastal Areas In communities that participate in the National Flood Insurance Program (NFIP), mandatory flood insurance purchase requirements apply to all of these zones: Zone V VE, V1 30 Description Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30 year mortgage. No base flood elevations (BFEs) are shown within these zones. Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30 year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. 16 Undetermined Risk Areas Zone D Description Areas with possible but undetermined flood hazards. No flood hazard analysis has been conducted. Flood insurance rates are commensurate with the uncertainty of the flood risk.

25 High Risk Areas In communities that participate in the NFIP, mandatory flood insurance purchase requirements apply to all of these zones: Zone A AE A1 30 AH AO AR A99 Description Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30 year mortgage. Because detailed analyses are not performed for such areas; no depths or base flood elevations are shown within these zones. The base floodplain where base flood elevations are provided. AE Zones are now used on new format Flood Insurance Rate Maps (FIRMs) instead of A1 A30 Zones. These are known as numbered A Zones (e.g., A7 or A14). This is the base floodplain where the FIRM shows a BFE (old format). Areas with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30 year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. River or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30 year mortgage. Average flood depths derived from detailed analyses are shown within these zones. Areas with a temporarily increased flood risk due to the building or restoration of a flood control system (such as a levee or a dam). Mandatory flood insurance purchase requirements will apply, but rates will not exceed the rates for unnumbered A zones if the structure is built or restored in compliance with Zone AR floodplain management regulations. Areas with a 1% annual chance of flooding that will be protected by a federal flood control system where construction has reached specified legal requirements. No depths or base flood elevations are shown within these zones. 17

26 Moderate to Low Risk Areas In communities that participate in the NFIP, flood insurance is available to all property owners and renters in these zones: Zone B and Z (shaded) C and X (shaded) Description Area of moderate flood hazard, usually the area between the limits of the 100 year and 500 year floods. Are also used to designate base floodplains of lesser hazards, such as areas protected by levees from 100 year flood, or shallow flooding areas with average depths of less than one foot or drainage areas less than 1 square mile. Area of minimal flood hazard, usually depicted on FIRMs as above the 500 year flood level. 18

27 7. Land Conversion Key

28 7. Land Conversion Key There are many terms that have historically been used to denote distance or area measurements, deriving from the past methods of land surveying (such as carrying chains to measure distances). Surveyors must be able to convert these older measurements to today s standards, and it can be helpful for survey users to have a familiarity with them as well. 1 link = 7.92 inches 1 rod = 16 ½ feet 5 ½ yards = 25 links 1 chain = 66 feet = 4 rods = 100 links 19 1 furlong = 660 feet = 40 rods 1 mile = 8 furlongs = 320 rods = 80 chains = 5280 feet 1 square rod = 272 ¼ square feet = 30 ¼ square yards 1 acre = 43,560 square feet 1 acre = 160 square rods 1 acre = 8 rods x 20 rods (or any two numbers of rods whose product is 160)

29 Example: One section of land contains one square mile or 640 acres, which can be subdivided and worded as in the below chart. 20

30 8. Articles on Land Surveys

31 8. Articles on Land Surveys Avoid Mayhem and Mishaps Get an ALTA Survey ALTA Surveys can identify some seriously unfunny issues during real estate transactions. Pg. 22. ALTA Surveys: Understanding the Optional Utility Requirements A discussion of the two optional utility requirements and when to consider adding one to the scope of work. Pg. 25. Synergy Between Survey, Title and Client The ALTA Survey and Title Policy work in conjunction to satisfy all parties needs. Pg. 29. Surveying the Field: New ALTA Land Survey Standard A review of the changes made to the Minimum Standard with the 2011 revision. Pg Land Surveyors and Development What Goes Where and When? Going beyond ALTA Surveys, the land surveyor s role in site development is critical and includes Engineering Design Surveys and Construction Staking. Pg. 39.

32 Avoid Mayhem and Mishaps Get an ALTA Survey By James Davenport, PS Published on GlobeSt.com, November 2011 Getting a land survey, specifically an American Land Title Association (ALTA) Survey, during a real estate transaction is crucial to understanding exactly what is being conveyed in the real estate asset. Transacting parties need to know the boundaries of the property, all improvements included within, easements, encroachments, and other significant features and information. Sound simple and obvious? Not always. Common Issues with Defining Real Property A piece of land is a piece of land, right? Well Ever come across a property that has multiple legal descriptions of the same land? How about this as an example: In one title commitment, there are three legal descriptions defining the exact same tract of land. The first legal was referencing the property as a lot in a recorded subdivision. The second was a property also described as type that described it as a metes and bounds legal description. The third legal was a prior surveyor s As Surveyed legal description, also in metes and bounds. Are they all correct or is it just absurdity? The as surveyed legal description had slightly different distances than the other metes and bounds legal description, and the bearings for the lot description referenced on the plat did not agree with the other two. Certainly is confusing. Better hope that your planned building extension complies with zoning. If it doesn t, maybe try again with a different legal description! 22 It is somewhat common to have measured distances (the measurements taken by a surveyor of the property line while conducting the field survey) that differ slightly than the record title legal distance

33 distances. Ah geez, is it feet or is it feet, and does that change whether or not the fence now encroaches onto the Trump Tower property? The Donald will not be happy. It also happens from time to time that a record legal description may not mathematically close when tracing the boundaries around the property. This is a grievous error in the description and will not do. It is very beneficial to have the property description in the deed actually describe the property you are trying to purchase. Heck of a concept. So, as fellow blogger Maura O Conner tells it, a client of hers had received the right to foreclose on a line instead of the property inside the line obviously a problem! These issues, of course, are rectifiable at the outset of a property transaction or financing by hiring a qualified and skilled professional surveyor to conduct an ALTA Survey, sort out the issues, and give you piece of mind. Besides they are cheaper than psychiatrists! It is also important to know the easement rights that are appurtenant, or beneficial to the property, and the rights of others that encumber the property. What kind of easements exist across the property and where they are located? Does the easement on another property benefit this property? Where does the electric company have the right to dig a 50 foot trench through the busy mall parking lot? The same is true with encroachments. For example, it s important to know if a fence line, paving, or structure encroaches upon a neighboring property. This can be a major problem if half of your 45.2 million dollar Swedish spa building is located on The Donald s Bel Air estate. 23 There are many other important features of a property that are crucial to know up front and are identified by the ALTA Survey. Is your property in a flood zone? How many parking spaces and what kind? What zoning is listed for the property on the survey? How many

34 burrito wrappers did the Donald throw on the property? (Just kidding Mr. Trump.) There are millions and millions of other things, just ask a surveyor. Scope of Work for an ALTA Survey Often clients call and say, We need an ALTA survey I don t know what the requirements are, I just need it yesterday. Well sure, we re happy to help, but a survey savvy client better understands what they need and demands the product they deserve. Some of the scope of work for an ALTA Survey is optional and some optional items may increase the cost significantly, so a determination if that option is necessary is important. Well informed clients can better determine what scope of work they need, and get a survey that answers their questions and satisfies the lender. The 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys has 22 optional items and is noted as Table A Optional Items. Most of these items are routinely included in the survey. Other items, such as Table A Item 5 contours, and 11b underground utilities can be pricey and cause a dent in The Donald s wallet. For example, locating and/or marking underground utilities can be extremely expensive if we don t have an as built drawing showing the location. If you are developing the property however, it would be important from a design stance to know where the utilities are located. 24 If the client isn t sure of what they need, a good surveyor should ask enough information about the project and consult with the client to determine what scope of work is appropriate.

35 ALTA Surveys: Understanding the Optional Utility Requirements By James Davenport, PS Published on GlobeSt.com, August 2013 When it is time to order an American Land Title Association (ALTA) Survey, there are Optional Table A items to choose from. Some of these items will significantly increase the cost to produce the ALTA Survey so it s important to consider the different options available, and understand which will fulfill the various requirements of a real estate transaction. In this blog, I will look at one of the optional ALTA Survey items: utilities. How to select the Utility option that s right for you Almost all lenders require some form of mapping of utilities, but in an ALTA Survey this is not a standard requirement, it is an optional one. In the Standard 2011 ALTA Requirements, the Utilities option can be found in Table A: Optional Survey Responsibilities and Specifications under item 11. Within this item, clients can order two different options: 25 Option 11 (a) is the location of utilities existing on or serving the surveyed property as determined by observed evidence. This is the least expensive option for the land surveyor and client. Observed evidence (also commonly known as above ground evidence ) refers to the items that the surveyor is able to see when he conducts his field work. Symbols are used to show various above ground utility structures including storm and sanitary manhole covers, water and gas meters and valves, fire hydrants, utility poles, electric boxes, storm outlets and inlets, and others on the survey map. Underground utility lines are not mapped as part of this option. The second Option 11 (b) uses observed evidence together with evidence from plans obtained from utility companies or provided by

36 client, and markings by utility companies and other appropriate sources to map various utilities. The surveyor interprets the data from these sources to establish the location of utility systems and transfers this information to the ALTA Survey. This is a more comprehensive study that can provide information about below ground utilities, but it is also more labor intensive and thus costly. Limitations In today s world, obtaining maps and other information from utility companies is often a difficult and slow process that can cause significant delays, and often the accuracy of the provided maps can t be guaranteed. Importantly, maps from utility companies only show public utilities systems within the right of way of public roads or from secured easements over private lands, and will not show underground utility information for private lines on, over, or through any private property. They also may not show the location of any particular utility entrance into the private property. This is because systems outside these areas are considered private utilities that are not the responsibility of the utility company. 26 Many surveyors have the utility companies (or another free service) manually mark underground utilities on the surface by placing flags or using paint to show the location prior to their field visit. The surveyor can then locate these markers in the field, and transfer the positions to the map. While this sounds like a straight forward solution, there are several issues associated with this that are out of the surveyor s control. For various reasons, not all States allow utility companies to visually mark their utility systems unless construction is imminent. Also, this method will only map utilities on public rights of way or utility easements. Another issue that comes up frequently is that some utility companies may not mark them or are delayed in marking them until after the field work by the surveyor is complete.

37 Evidently, accurately mapping underground utility locations can be a challenge: maps provided may not contain all of the utilities, are not guaranteed to be accurate, will not show utilities on private property unless the client provides as built site plans when the improvements to the property were made, and may not indicate the size, material, or depth of the utility. Contacting the utility companies and marking services, locating these markings, interpreting available maps, and transferring these utilities to the survey map can also add significant time and cost to the ALTA survey. Obtaining a reliable Survey Map Those ordering an ALTA Survey with Option 11 should carefully consider, understand, and have realistic expectations as to what utility information will be shown on the survey and its subsequent reliability and additional costs. A client such as a developer of the property may need to have additional knowledge of utility locations for engineering and other design purposes. They could choose the (11b) Option, and also ask for a private utility locator service to mark the utilities in the right of way and along the private property. This is an additional cost, but it is one way for the surveyor to obtain a fairly accurate location of the utilities on the property and within the right of way. 27 Recognizing difficulty in obtaining a reliable survey map, ALTA and ACSM added the following caveat to Option 11b when the Standards were updated in 2011: However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary. Indeed, there is no quick and easy solution for surveyors to determine the location of utilities. They must do their due diligence in order to exhaust all avenues to get the utilities marked and to get plans from local offices, but sometimes engaging private utility location

38 services or excavation although costly and time consuming is the only way to obtain a reliable utilities map. 28

39 Synergy Between Survey, Title and Client By Madeline Menna Published on GlobeSt.com, February 2012 The title and land survey are two vital facets of due diligence that ensure a successful acquisition in the realm of commercial real estate. While many firms do not provide both title and survey services, it is crucial to understand the synergy between the title, survey and the client which should be more of a Trifecta than a Bermuda Triangle when the right team is assembled. The Title Commitment The importance of the title insurance documents (title commitment and the documents noted as exceptions on the title) is that they insure the property buyer and/or lender against any title search errors as well as loss due to disputes over property ownership. The title commitment shows all exceptions to title that are recorded against the subject property. These exceptions can range from tax liens to easements to judgments against the property or fee owner. The commitment shows all the criteria the buyer and seller must comply with for the acquisition to close. Typical items include any existing mortgage that must be paid off and any deeds that must be recorded. A less common item that would need removal prior to closing would be a mechanic's lien; a lien placed on the property resulting from the failure of the current or past owner to pay a contractor for work in place. 29 American Land Title Association or ALTA Survey Within a commercial real estate transaction, there are many parties who have varied interests in the property and are looking to the ALTA Survey for key information. Although the main purpose of the survey is to delete the survey exceptions, the information contained on the survey proves beneficial to all parties and can answer numerous questions and concerns. The comprehensive survey depicts rele

40 vant facts about the property that, based on the client s needs and specific Table A requirements, can include but are not limited to: The professional surveyor s findings about the property boundaries; Any observed easements whether appurtenant or burdened to the subject property; The improvements, utilities, public access, and significant observations such as encroachments; and Furthermore, the survey can also reveal specific facts about the property relating to zoning, flood hazard concerns, topography, parking configurations, wetlands, etc. Title and Land Survey Working Together The title policy works in conjunction with the survey and provides insurance protection for the lender or buyer against: Boundary line conflicts with adjoining properties; Encroachments onto and from adjoining properties; Rights of parties to the property usually in the form of easements, leases, or other encumbrances; The contiguity, or lack thereof, of multiple parcels that combine to form the property; Access to public highways; and Matters on the property that may affect zoning issues or compliance. 30 The insurer uses and relies upon the ALTA Survey to remove and sometimes add exceptions to their insurance coverage. In the issuance of their policy, the insurer uses the survey to assess the risks and to determine what exceptions from coverage must be included, known as Schedule B Exception Items.

41 The Survey Coordinator s role The title and survey are vital to any commercial real estate transaction and our clients often have someone on their staff to oversee the process of obtaining an accurate and complete title commitment and ALTA Survey (and potentially other due diligence reports). An equally key ingredient to a smooth closing is to have a strong survey coordinator with a team of professional, reliable surveyors. A survey coordinator s main goal is to keep the items moving in a timely manner and to maintain a common balance between the surveyors and clients. ALTA Surveys are governed by a set of professional standards as written by the American Land Title Association and American Congress on Surveying and Mapping. Among other changes, the 2011 ALTA Survey Standards have restricted the amount of input a client may have in the outcome of a survey. For example, the surveyors are no longer permitted to use client specified certification language. It is also the survey coordinator s responsibility to ensure the client receives a survey with all of their standard and selected optional requirements, set forth within the 2011 ALTA Survey Standards. 31 Challenges can arise when clients request certain items be placed on the survey that go against the 2011 ALTA Standards. While survey coordinators try to meet all of the client s needs, at times this is a difficult task to complete. Surveyors are generally more than willing to accommodate their client s requests as long as they are within their contractual obligation and within purview of the 2011 ALTA Standards. A strong survey coordinator will be able to find a way to satisfy the client and the surveyor s responsibility without compromising the survey.

42 Surveying the Field: New ALTA Land Survey Standards By James Davenport, PS Published on GlobeSt.com, July 2011 An ALTA / ACSM Land Survey (American Land Title Association / American Congress on Surveying and Mapping), is commonly required during real estate transactions or development to define a property in detail. Commonly referred to simply as an ALTA Survey, it essentially combines a site location survey, a boundary survey, and a topographic survey, and shows all existing improvements of a property, encumbrances, and other significant observations. Effective February 23, 2011, ALTA and ACSM revised the Minimum Standard Detail Requirements for ALTA / ACSM. This update to the 2005 standards has several key changes that all transacting parties will need to be aware of in order to facilitate an ALTA Survey that meets all parties expectations at closing. 32 Significant ALTA Survey Change Certification Language One of the most significant changes to the 2011 ALTA Standards concerns the certification. The certification is an acknowledgement by a professional surveyor stating that the survey meets the set of requirements set forth by the 2011 Minimum Standard Detail Requirements. The standards require that the survey shall bear only the following certification: To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client): This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS,

43 and includes Items of Table A thereof. The field work was completed on. Date of Plat or Map: (Surveyor s signature, printed name and seal with Registration/License Number) No other certification language will be allowed on the survey. In years past, many lenders or the property buyer s council would require a certification written by themselves or other parties. These certifications, in many cases, were contradictory acknowledgements to what was required in the ALTA Standards. Thus, ALTA / ACSM appear to be putting the kibosh on client specific certifications. Additional ALTA Survey Changes The 2011 Minimum Standards document itself has changed significantly in presentation and format, making the Standards much more user friendly. Other significant changes generally expand or clarify requirements and responsibilities, including what is optional and what is required (and of whom). 33 Records Research: The Records Research section indicates an expansion of documents to be provided to the surveyor for his/her use in conducting the survey. In addition to the title commitment, and survey related documents noted in Schedule B of the commitment, the standards have now included adjoiner record descriptions, easements that benefit the parcel, and other information that may affect the parcel. Plat Requirements: There are a few important changes concerning the information provided on the plat of survey. Now, a new property description should be discouraged unless completely necessary and should be avoided for Lot and Block descriptions or subdivisions. This is to avoid the possibility of a new description of the same property clouding title. The survey is now required to show title commitment number, effective date, and the name of the title company. A vicinity

44 map was an optional item in 2005 and is now required to be on every ALTA Survey. Significant Table A Optional Items: The 2011 standards have also made changes to the Table A Optional Survey Responsibilities and Specifications section that anyone ordering an ALTA Survey should be aware of. These options are not a standard requirement, but rather additional add ons. These options have very specific wording, and one must use explicit care and consultation with the surveyor to determine the extent of the additional work, if the option is appropriate for the survey that you require, and if there is a significant extra cost associated with the requirement. Below are some of the more significant changes to this section. Table A Option 6a and 6b are for the current zoning class and other zoning requirements. The big change here is that these requirements must be provided by the insurer to the surveyor. The past standards required the surveyor to list the zoning requirements, releasing the surveyor from plotting non platted setbacks. These new standards indicate that the surveyor does not have to plot non platted setbacks and does not have to list zoning requirements if the zoning for the site is not provided to him by the insurer. If this item is going to be required for the survey, please order a zoning report or letter prior to ordering the survey and provide the surveyor a copy. 34 Former Item 10 (indication of a public right of way access) is now required. The following Items 10a and 10b are added. 10. (a) Determination of the relationship and location of certain division or party walls designated by the client with respect to adjoining properties (client to obtain necessary permissions). (b) Determination of whether certain walls designated by the client are plumb (client to obtain necessary permissions).

45 Table A Item 11b has added a clarifying sentence: Note With regard to Table A, Item 11(b), source information from plans and markings will be combined with observed evidence of utilities to develop a view of those underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary. Table A Item 19 is new: 19. Location of wetland areas as delineated by appropriate authorities. Mapping of the wetlands can only be shown if proper authorities have either staked out the wetlands prior to conducting the survey or the surveyor has been provided with a wetland map of the property. 35 Table A Item 20 is also new. This item can be very expensive to complete depending on the size and location of the appurtenant easement. Normally, an appurtenant easement that is added as part of the legal description is plotted on the survey with its corresponding bearing and distance labels if applicable, and it is done as part of the standard requirement. The improvements within the easement are not plotted. This optional item requires improvements to be located or monuments placed. These appurtenant easements can be of significant size, and because of that size, a significant cost. For example, you may have a one acre piece of land with a stand alone building that is located in plaza. Many times there are reciprocal parking or ingress/egress easements offsite of your one acre, which you have the enjoyment of using. If you checked Optional Item 20a, all improvements located within the bounds of that easement would need to be located and plotted on the survey. The easement, like so many

46 others, is the reciprocal easement of the parking area of the plaza and the parking area of your stand alone building. The survey locations must now encompass all your one acre plus the additional 10 acres of the plaza. 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). Other ALTA Changes Below are some other arguably less significant changes to the ALTA standards: 36 Terminology: The 2011 standards have some changes in terminology throughout the document. It now uses the term surveyed property in lieu of the 2005 references to the property, the parcel and the tract. Standards now use the term observed in the process of conducting the survey instead of wording like visible, observable, and physical. Scope of Work: In Section 2, 2011 standards, Request for Survey, the Standards give rise to clarification about scope of work for properties such as marinas, campgrounds, trailer parks, and leased areas. It is noted that these properties may present different types of issues than other types of properties and the surveyor will need to discuss such occurrences.

47 Standards of Care: Surveying Standards and Standards of Care, the topic of Section 3, has an added paragraph about normal standards of care. It should be recognized that surveyors should understand that there may be unwritten local, state, or regional standards. ALTA has also now stated that the boundary resolution is governed by and in accordance with appropriate boundary law principals. Finally, in this section, measurement standards have been expanded on to let all parties know about Relative Positional Precision and how this precision is to be obtained. Field Work: In Section 5 of the 2011 requirements, the field work will be expanded to include any apparent right of way and access across the property from other non occupants of the property. If the property has a naturally occurring water feature that represents a boundary, the water feature s attribute, such as top of bank or centerline of channel, shall be noted and surveyed if called for in the record description. Additional Table A Changes: Table A Item 2 is now changed from a vicinity map to a new item. This new item is an option to include address(es) if disclosed in record documents, or observed while conducting the survey. 37 Optional Item 5 has been re worded and adds the phrase originating benchmark identified. The optional item in Table A 7b has been modified. The gross floor area of all buildings has been deleted, and what used to be 7b3 in 2005 requirements, is now 7b2 in the 2011 requirements. Table A Item 12 added some examples of governmental agency survey related requirements, such as HUD surveys and surveys for leases on Bureau of Land Management managed lands.

48 References to HUD were removed for Table A Items 16, 17, and 18. Table A Item 21 is also new and the amount of insurance that is requested will need to be filled in by the requesting party. 38

49 Land Surveyors and Development What Goes Where and When? By Chris Daniels, PLS Published on GlobeSt.com, October 2013 The land surveying profession goes back thousands of years and today covers a multitude of disciplines from hydrographic surveys both above and below bodies of water to high altitude aerial surveys, from the small neighborhood lot survey to the establishing of the Global Positioning System (GPS) for navigating around the world, as well as guiding our cell phone directional apps. With construction and development now making a comeback after this past recession, one area of land surveying that is coming back is Construction Staking Services for new residential tracts of homes, high rise buildings, schools, landfills, industrial parks, and shopping centers. During site development, the land surveyor plays a critical role. The land surveyor takes the engineer s/architect s design shown on their plans and places (stakes) their correct location on the ground so the construction sub contractors can place the buildings, roads, fences, electrical and other underground utilities, etc. in their correct location. If not for the surveyor, there would be no telling exactly where that building should be built or how far or deep that tunnel should be dug! 39 The following is an example of the typical involvement of the land surveyor and how he or she would interact with a civil engineer and/ or architect as it relates to the design and construction of a residential housing tract, shopping center, or industrial park. Engineering Design Survey The beginning of a new constructible project typically begins with an Engineering Design Survey. This survey is typically requested by the civil engineer in charge of designing a new project. During the design

50 survey, the surveyor works closely with the civil engineer to gather the as built existing site conditions in and around the proposed project. It is the surveyor s responsibility to be the engineer s eyes while performing this survey to gather all of the controlling elements for his or her design. Some of those controlling elements or features that surveyors will be ascertaining include: What is the condition of the adjacent streets? What is the sidewalk gradient? Is it ADA compatible? Is it in need of replacing? Are there already driveway access areas from the streets to the site? Is there evidence of electrical/gas/sewer/water utilities servicing the site? What is happening around the perimeter of the site? Are there walls/fences that follow or cross over the property line and what is their condition? Is there evidence of underground contamination, dumping, or site access from an adjacent property? Is this site on a hillside and not a buildable lot? 40 This information along with site photos and public record documents gathered at the local agencies will assist the civil engineer in the workable design of this project. Construction Staking Phase Rough Grade Staking: Once the site has been designed by the civil engineer and has gone through submittal, plan check, and approval at the local agencies, the property owner/engineer can then pull a grading permit. This enables the beginning of construction. The surveyor is first called out to Rough Grade the project.

51 This series of staking is exactly what it is called, Rough Grade Staking. This defines the location of the site improvements with their respective reference to the location and final grade elevation. This is done for the construction of slopes, building outlines, parking lots and roadways. This set of staking enables the contractor to grade and prepare the site for the next sub contractor to come in and build/ install his portion of the site improvements. Site Layout Staking: Once the site has received inspection and approval from the relevant local agency, the contractor can move right into the various stages of construction of the underground utilities, retaining/screen walls if required, buildings, site lighting, and parking lot/street paving. This phase, called Site Layout Staking, typically begins with those features that are underground such as sanitary sewer lines, storm drain lines, water lines, electrical lines, etc. Sanitary sewer and storm drain lines are based on gravity flow, so those lines need to be staked and graded per the engineering plans to be built correctly to generate positive drainage out to the existing utilities in the streets. The surveyor s responsibility is to field verify that the sewer and storm drain pipes do not conflict (run into) other underground utility pipes if and where they may cross, as well as to ensure the correct tie in point in the street maintains positive flow. 41 Water and gas lines are pressure based lines and can be pumped upstream if needed or adjusted to go over or under other underground utilities without affecting the flow of the water or gas. The remaining utilities (electrical, telephone, cable) can be staked according to the engineered plans and may have a note as to how deep to place the utility to maintain a minimal depth of cover for protection. Once all underground utilities are installed, the above ground features are staked for construction. The building corners are staked along with any interior grid lines throughout the building. You will

52 typically see this in long industrial buildings or high rise construction. These grid lines are used by other contractors to precisely place those columns, building walls, electrical and/or other utilities that are not located near the outside walls of the building. While this is happening, other items are being staked onsite such as fire hydrants, curb and gutter, walls/planters, catch basins and area drains to name a few. As the project is coming to a close, paving support staking may be needed to place the aggregate base prior to the placement of the asphalt. This thickness is critical and requires a surveyor s certification at times, due to the fact that drive isles for truck deliveries need a thicker paving section (base aggregate and asphalt pavement) to accommodate the weight of the truck. The drive isles for automobiles do not need that much thickness. Just as important is the ADA Accessibility from the handicap parking to the entrance of the building, which sometimes crosses a drive isle. There are strict guidelines when constructing these pathways and ramps. A wheelchair path of travel cannot have more than a 2% gradient or cross fall, so this is monitored as well as the pathway gradient from the parking stall to the building entry. 42 Certifications Any time during the Construction Staking Phase, the surveyor may be required or asked by the local agency inspector to certify that a particular underground utility, curb or building form, retaining wall/ building footing, or even handicap ramp or path of travel complies with the approved engineered plans. This has become a common request to assure that all construction is built per the design standards governed by the relevant state or local agency prior to being open to the public. The Critical Role of Land Surveyors Each project and site is different, so this is not a complete list of all areas that fall within Construction Staking. But this should give you a taste of how important the surveyor s roll is and how closely we

53 work with the civil engineer and architect. It is always best to consult with the surveyor, civil engineer, and architect to make sure that they understand your ultimate vision and that all are on the same page. 43

54 Minimum Standard Detail Requirements for ALTA/ACSM Survey

55 Minimum Standard Detail Requirements for ALTA/ACSM Survey (Effective February 23, 2011) As published by the American Land Title Association and American Congress on Surveying and Mapping. 1. Purpose Members of the American Land Title Association (ALTA) have specific needs, unique to title insurance matters, when asked to insure title to land without exception as to the many matters which might be discoverable from survey and inspection, and which are not evidenced by the public records. 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 (except those matters disclosed by the survey and indicated on the plat or map), certain specific and pertinent information must be presented for the distinct and clear understanding between the insured, the client (if different from the insured), the title insurance company (insurer), the lender, and the surveyor professionally responsible for the survey. 44 In order to meet such needs, clients, insurers, insured s, 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. To that end, and in the interests of the general public, the surveying profession, title insurers and abstracters, the ALTA and the National Society of Professional Surveyors, Inc. (NSPS) jointly promulgate the within details and criteria setting forth a minimum standard of performance for ALTA/ACSM Land Title Surveys. A complete 2011 ALTA/ACSM Land Title Survey includes the on site fieldwork required under Section 5 herein, the

56 preparation of a plat or map showing the results of the fieldwork and its relationship to record documents as required under Section 6 herein, any information in Table A herein that may have been negotiated with the client, and the certification outlined in Section 7 herein. 2. Request for Survey The client shall request the survey or arrange for the survey to be requested, and shall provide a written authorization to proceed from the person or entity responsible for paying for the survey. Unless specifically authorized in writing by the insurer, the insurer shall not be responsible for any costs associated with the preparation of the survey. The request shall specify that an "ALTA/ACSM LAND TITLE SURVEY" is required and which of the optional items listed in Table A herein, if any, are to be incorporated. Certain properties, including, but not limited to, marinas, campgrounds, trailer parks and leased areas, may present issues outside those normally encountered on an ALTA/ACSM Land Title Survey. The scope of work related to such properties should be discussed with the client, lender and insurer, and agreed upon in writing prior to requesting the survey. The client may need to secure permission for the surveyor to enter upon the property to be surveyed, adjoining properties, or offsite easements Surveying Standards and Standards of Care A. Effective Date The 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys are effective February 23, As of that date, all previous versions of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys are superseded by these standards. B. Other Requirements and Standards of Practice Some Federal agencies, many states and some local jurisdictions have adopted statutes, administrative rules and/or ordinances that set out standards regulating the practice of surveying within their jurisdictions. In addition to the standards set

57 forth herein, surveyors shall also conduct their surveys in accordance with all applicable jurisdictional requirements and standards of practice. Where conflicts between the standards set forth herein and any such jurisdictional requirements and standards of practice occur, the more stringent shall apply. C. The Normal Standard of Care Surveyors should recognize that there may be unwritten local, state, and/or regional standards of care defined by the practice of the prudent surveyor in those locales. D. Boundary Resolution The boundary lines and corners of any property being surveyed as part of an ALTA/ACSM 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 survey. E. Measurement Standards The following measurement standards address Relative Positional Precision for the monuments or witnesses marking the corners of the surveyed property. i. Relative Positional Precision means the length of the semi major axis, expressed in feet or meters, of the error ellipse representing the uncertainty due to random errors in measurements in the location of the monument, or witness, marking any corner of the surveyed property relative to the monument, or witness, marking any other corner of the surveyed property at the 95 percent confidence level (two standard deviations). Relative Positional Precision is estimated by the results of a correctly weighted least squares adjustment of the survey. ii. Any boundary lines and corners established or retraced may have uncertainties in location resulting from (1) the availability, condition, history and integrity of refer 46

58 ence or controlling monuments, (2) ambiguities in the record descriptions or plats of the surveyed property or its adjoiners, (3) occupation or possession lines as they may differ from the written title lines, and (4) Relative Positional Precision. Of these four sources of uncertainty, only Relative Positional Precision is controllable, although due to the inherent errors in any measurement, it cannot be eliminated. The magnitude of the first three uncertainties can be projected based on evidence; Relative Positional Precision is estimated using statistical means (see Section 3.E.i. above and Section 3.E.v. below). iii. The first three of these sources of uncertainty must be weighed as part of the evidence in the determination of where, in the surveyor s opinion, the boundary lines and corners of the surveyed property should be located (see Section 3.D. above). 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. iv. For any measurement technology or procedure used on an ALTA/ACSM Land Title Survey, the surveyor shall (1) use appropriately trained personnel, (2) compensate for systematic errors, including those associated with instrument calibration, and (3) use appropriate error propagation and measurement design theory (selecting the proper instruments, geometric layouts, and field and computational procedures) to control random er 47

59 rors such that the maximum allowable Relative Positional Precision outlined in Section 3.E.v. below is not exceeded. v. The maximum allowable Relative Positional Precision for an ALTA/ACSM Land Title Survey is 2 cm (0.07 feet) plus 50 parts per million (based on the direct distance between the two corners being tested). It is recognized that in certain circumstances, the size or configuration of the surveyed property, or the relief, vegetation or improvements on the surveyed property will result in survey measurements for which the maximum allowable Relative Positional Precision may be exceeded. If the maximum allowable Relative Positional Precision is exceeded, the surveyor shall note the reason as explained in Section 6.B.ix below. 4. Records Research It is recognized that for the performance of an ALTA/ACSM Land Title Survey, the surveyor will be provided with appropriate data which can be relied upon in the preparation of the survey. The request for an ALTA/ACSM Land Title Survey shall set forth the current record description of the property to be surveyed or, in the case of an original survey, the current record description of the parent parcel that contains the property to be surveyed. Complete copies of the most recent title commitment, the current record description of the property to be surveyed (or, in the case of an original survey, the parent parcel), the current record descriptions of adjoiners, any record easements benefiting the property, the record easements or servitudes and covenants burdening the property (all hereinafter referred to collectively as "Record Documents"), documents of record referred to in the Record Documents, documents necessary to ascertain, if possible, the junior/senior relationship pursuant to Section 6.B.vii. below, and any other documents containing desired appropriate information affecting the property being surveyed, and to which the ALTA/ACSM Land Title Survey shall make 48

60 reference, shall be provided to the surveyor for use in conducting the survey. Reference is made to Section 3.B. above. 5. Field Work The Survey shall be performed on the ground (except as otherwise negotiated pursuant to Table A, Item 15 below, if selected by the client), and the field work shall include the following: A. Monuments i. The location and description of any monuments or lines that control the boundaries of the surveyed property. ii. The location, size and type of any monuments found (or set, if Table A, Item 1 is requested by the client, or if otherwise required see Section 3.B. above) on the boundary of the surveyed property. B. Rights of Way and Access i. The distance from the appropriate corner or corners of the surveyed property to the nearest right of way line, if the surveyed property does not abut a right of way. ii. The name of any street, highway or other public or private way abutting the surveyed property, and the width and location of the travelled way relative to the nearest boundary line of the surveyed property. iii. Visible evidence of physical access (such as, but not limited to, curb cuts and driveways) to any abutting streets, highways or other public ways. iv. The location and character of vehicular, pedestrian or other forms of access by other than the apparent occupants of the surveyed property to or across the surveyed property, including, but not limited to driveways, alleys, private roads, sidewalks and footpaths observed in the process of conducting the survey. v. Without expressing a legal opinion as to ownership or nature, the location and extent of any potentially encroaching driveways, alleys, and other ways of access 49

61 from adjoining properties onto the surveyed property observed in the process of conducting the survey. vi. Where documentation of the width or location of any abutting street, road or highway right of way was not disclosed in Record Documents provided to the surveyor or was not otherwise available from the controlling jurisdiction (see Section 6.C.iv. below), the evidence and location of parcel corners recovered which might indicate the width or location of such right of way lines. vii. Evidence of access to and from waters adjoining the surveyed property, such as paths, boat slips, launches, piers and docks observed in the process of conducting the survey. C. Lines of Possession, and Improvements along the Boundaries i. The character and location of evidence of possession or occupation along the perimeter of the surveyed property, both by the occupants of the surveyed property and by adjoiners, observed in the process of conducting the survey. ii. The character and location of all walls, buildings, fences, and other improvements within five feet of each side of the boundary lines, observed in the process of conducting the survey. iii. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the evidence, location and extent of potentially encroaching structural appurtenances and projections observed in the process of conducting the survey, such as fire escapes, bay windows, windows and doors that open out, flue pipes, stoops, eaves, cornices, areaways, steps, trim, etc., by or onto adjoining property, or onto rights of way, easements or setback lines disclosed in Record Documents provided to the surveyor. 50

62 D. Buildings Based on the normal standard of care, the location of all buildings on the surveyed property shown perpendicular to the nearest perimeter boundary line(s) and expressed to the appropriate degree of precision. E. Easements and Servitudes i. Evidence of any easements or servitudes burdening the surveyed property, disclosed in the Record Documents provided to the surveyor and observed in the process of conducting the survey. ii. Evidence of easements or servitudes not disclosed in the Record Documents provided to the surveyor, but observed in the process of conducting the survey, such as those created by roads; rights of way; water courses; ditches; drains; telephone, fiber optic lines, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property. iii. Surface indications of underground easements or servitudes on or across the surveyed property observed in the process of conducting the survey. iv. Evidence of use of the surveyed property by other than the apparent occupants observed in the process of conducting the survey. F. Cemeteries As accurately as the evidence permits, the location of cemeteries, gravesites, and burial grounds (i) disclosed in the Record Documents provided to the surveyor, or (ii) observed in the process of conducting the survey. G. Water Features i. The location of springs, together with the location of ponds, lakes, streams, and rivers bordering on or running through the surveyed property, observed during the process of conducting the survey. See Table A, Item 51

63 ii. 19 for wetlands locations. The location of any water boundary on the surveyed property. The attribute(s) of the water feature located (e.g. top of bank, edge of water, high water mark, etc.) should be congruent with the boundary as described in the record description or, in the case of an original survey, in the new description. (See Section 6.B.vi. below). 6. Plat or Map A plat or map of an ALTA/ACSM Land Title Survey shall show the following information. Where dimensioning is appropriate, dimensions shall be in accordance with the appropriate standard of care. A. The evidence and locations gathered during the field work as outlined in Section 5 above. B. Boundary, Descriptions, Dimensions and Closures i. The current record description of the surveyed property, and any new description of the surveyed property that was prepared in conjunction with the survey, including a statement explaining why the new description was prepared. Preparation of a new description should be avoided unless deemed necessary or appropriate by the surveyor and insurer. Preparation of a new description should also generally be avoided when the record description is a lot or block in a platted, recorded subdivision. ii. The location and description of any monuments, lines or other evidence that control the boundaries of the surveyed property or that were otherwise relied upon in establishing or retracing the boundaries of the surveyed property, and the relationship of that evidence to the surveyed boundary. In some cases, this will require notes on the plat or map. iii. All distances and directions identified in the record de 52

64 scription of the surveyed property (and in the new description, if one were prepared). Where a measured or calculated dimension differs from the record by an amount deemed significant by the surveyor, such dimension shall be shown in addition to, and differentiated from, the corresponding record dimension. iv. The directional, distance and curve data necessary to compute a mathematical closure of the surveyed boundary. A note if the record description does not mathematically close. The basis of bearings and, when it differs from the record basis, the difference. v. The remainder of any recorded lot or existing parcel, when the surveyed property is composed of only a portion of such lot or parcel, shall be graphically depicted. Such remainder does not need to be included as part of the actual survey, except to the extent necessary to locate the lines and corners of the surveyed property, and it need not be fully dimensioned or drawn at the same scale as the surveyed property. vi. When the surveyed property includes a water boundary, a note on the face of the plat or map noting the date the boundary was measured, which attribute(s) of the water feature was/were located, and the caveat that the boundary is subject to change due to natural causes and that it may or may not represent the actual location of the limit of title. When the surveyor is aware of natural or artificial realignments or changes in such boundaries, the extent of those changes and facts shall be shown or explained. vii. The relationship of the boundaries of the surveyed property (i.e. contiguity, gaps, or overlaps) with its adjoiners, where ascertainable from Record Documents and/or from field evidence gathered during the process of conducting the survey of the property being sur 53

65 veyed. If the surveyed property is composed of multiple parcels, the extent of any gaps or overlaps between those parcels shall be identified. Where gaps or overlaps are identified, the surveyor shall, prior to preparation of the final plat or map, disclose this to the insurer and client for determination of a course of action concerning junior/senior rights. viii. When, in the opinion of the surveyor, the results of the survey differ significantly from the record, or if a fundamental decision related to the boundary resolution is not clearly reflected on the plat or map, the surveyor shall explain this information with notes on the face of the plat or map. ix. A note on the face of the plat or map explaining the site conditions that resulted in a Relative Positional Precision that exceeds the maximum allowed under Section 3.E.v. of these standards. x. A note on the face of the plat or map identifying the title commitment/policy number, effective date and name of the insurer for any title work provided to the surveyor. C. Easements, Servitudes, Rights of Way, Access and Record Documents i. The width and recording information of all plottable rights of way, easements and servitudes burdening and benefitting the property surveyed, as evidenced by Record Documents which have been provided to the surveyor. ii. A note regarding any right of way, easement or servitude evidenced by a Record Document which has been provided to the surveyor (a) the location of which cannot be determined from the record document, or (b) of which there was no observed evidence at the time of the survey, or (c) that is a blanket easement, or (d) that 54

66 is not on, or does not touch, the surveyed property, or (e) that limits access to an otherwise abutting right of way, or (f) in cases where the surveyed property is composed of multiple parcels, which of such parcels the various rights of way, easements, and servitudes cross. iii. A note if no physical access to a public way was observed in the process of conducting the survey. iv. The width of abutting rights of way and the source of such information (a) where available from the controlling jurisdiction or (b) where disclosed in Record Documents provided to the surveyor. v. The identifying titles of all recorded plats, filed maps, right of way maps, or similar documents which the survey represents, wholly or in part, with their recording or filing data. vi. For non platted adjoining land, names and recording data identifying adjoining owners according to current public records. For platted adjoining land, the recording data of the subdivision plat. vii. Platted setback or building restriction lines which appear on recorded subdivision plats or which were disclosed in Record Documents provided to the surveyor. D. Presentation i. The plat or map shall be drawn on a sheet of not less than 8 ½ by 11 inches in size at a legible, standard engineering scale, with that scale clearly indicated in words or numbers and with a graphic scale. When recordation or filing of a plat or map is required by law, such plat or map shall be produced in recordable form. The boundary of the surveyed property drawn in a manner that distinguishes it from other lines on the plat or map. A north arrow (with north to the top of the drawing when practicable), a legend of symbols and abbreviations, and a vicinity map showing the property in reference to 55

67 nearby highway(s) or major street intersection(s). ii. Supplementary or detail diagrams when necessary. iii. If there are no visible buildings on the surveyed property, a note stating No buildings existing on the surveyed property shall appear on the face on the survey. iv. The surveyor s project number (if any), and the name, registration or license number, signature, seal, street address, telephone number, and address of the surveyor who performed the survey. The date(s) of any revisions made by said surveyor. v. Sheet numbers where the plat or map is composed of more than one sheet. vi. The caption ALTA/ACSM Land Title Survey. 7. Certification The plat or map of an ALTA/ACSM Land Title Survey shall bear only the following certification, unaltered, except as may be required pursuant to Section 3.B. above: To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client): 56 This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items of Table A thereof. The field work was completed on. Date of Plat or Map: (Surveyor s signature, printed name and seal with Registration/License Number) 8. Deliverables The surveyor shall furnish copies of the plat or map of survey to the insurer and client, and as otherwise negoti

68 ated with the client. Hard copies shall be on durable and dimensionally stable material of a quality standard acceptable to the insurer. Digital copies of the plat or map may be provided in addition to, or in lieu of, hard copies in accordance with the terms of the contract. When required by law or requested by the client, the plat or map shall be produced in recordable form and recorded or filed in the appropriate office or with the appropriate agency. TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The items of Table A must be negotiated between the surveyor and client. It may be necessary for the surveyor to qualify or expand upon the description of these items (e.g., in reference to Item 6(b), there may be a need for an interpretation of a restriction). The surveyor cannot make a certification on the basis of an interpretation or opinion of another party. Notwithstanding Table A Items 5 and 11 (b), if an engineering design survey is desired as part of an ALTA/ ACSM Land Title Survey, such services should be negotiated under Table A, item If checked, the following optional items are to be included in the ALTA/ACSM LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses. 2. Address(es) if disclosed in Record Documents, or observed while conducting the survey.

69 3. Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g. ground survey or aerial map), contour interval, datum, and originating benchmark identified. 6. (a) Current zoning classification, as provided by the insurer. (b) Current zoning classification and building setback requirements, height and floor space area restrictions as set forth in that classification, as provided by the insurer. If none, so state (a) Exterior dimensions of all buildings at ground level. (b) Square footage of: (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified.

70 8. Substantial features observed in the process of conducting the survey (in addition to the improvements and features required under Section 5 above) 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 (client to obtain necessary permissions). (b) Determination of whether certain walls designated by the client are plumb (client to obtain necessary permissions) Location of utilities (representative examples of which are listed below) 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 (with reference as to the source of information). Railroad tracks, spurs and sidings; Manholes, catch basins, valve vaults and other surface indications of subterranean uses;

71 Wires and cables (including their function, if readily identifiable) 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. Note With regard to Table A, item 11(b), source information from plans and markings will be combined with observed evidence of utilities to develop a view of those underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary Governmental Agency survey related requirements as specified by the client, such as for HUD surveys, and surveys for leases on Bureau of Land Management managed lands. 13. Names of adjoining owners of platted lands according to current public records. 14. Distance to the nearest intersecting street as specified by the client. 15. Rectified orthophotography, photogrammetric mapping, airborne/mobile laser scanning and other

72 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 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).

73 (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. Adopted by the Board of Governors, American Land Title Association, on October 13, American Land Title Association, 1828 L St., N.W., Suite 705, Washington, D.C Adopted by the Board of Directors, National Society of Professional Surveyors, on November 15, National Society of Professional Surveyors, Inc., a member organization of the American Congress on Surveying and Mapping, 6 Montgomery Village Avenue, Suite 403, Gaithersburg, MD 20879

74 10. Understanding the Table A Optional Items

75 10. Understanding the Table A Optional Items The 2011 Minimum Standard outlines the items that must be included in each ALTA Survey, as well as a list of Optional Items that can be included if negotiated during engagement of the surveyor. Refer to Section 9 for the full text of the Standard. Many users are unsure of whether to include the optional items, and if so, which ones. This section provides guidance on what each item covers and when it may be appropriate to include the item. Item 1 Monuments Placed Commonly Included? Yes, except in some western states* Monuments are permanent items (i.e. not wood stakes) such as iron pins, pipes, monument boxes, etc., that a surveyor may place for the purpose of identifying a property corner or where a property lies on the ground. This item requires the surveyor to place monuments at major corners (or witness to the corner) of the surveyed property. 63 *Some western states including California, Washington, Oregon, Arizona, and Colorado may require a new survey plat to be filed when a surveyor places a survey monument in the ground. This can cause the fee for this item to be substantially higher to cover review and

76 recording fees. In other states, the law requires these survey monuments to be set regardless of whether the client requests them. Although these survey monuments are used to provide physical evidence to a property corner, the measurement standards prescribed by the 2011 Minimum Standard are designed to ensure precision and accuracy of the survey regardless of whether or not monuments are placed. Item 2 Address Commonly Included? Yes This item requires the address of the surveyed property to be confirmed by the surveyor. Often times this simply entails making a notation of the address found on the building, mailbox, or any signage on the surveyed property. Sometimes the property has multiple addresses, which the surveyor must note. In some instances an address is not found on the property, in which case the surveyor must look to the record documentation provided for the address and note the document referenced. 64 Item 3 Flood Zone Classification Commonly Included? Yes Sometimes a borrower or purchaser must obtain Flood Insurance for the subject property. The need for insurance can be determined by Item 3, in which the surveyor will locate the surveyed property on the corresponding FEMA Flood Insurance Rate Map (or state / local equivalent), transpose the property onto it, and determine if it is located in an area of flood hazard (as determined by FEMA). The surveyor will also transpose the approximate line of a flood boundary onto the survey if it is determined that the property resides in more than one flood zone. The surveyor also notes the property s flood zone classification and map information on the survey.

77 This item does not include a flood elevation certificate, which reports the elevation of buildings on the property and the elevation of the flood zone. A flood elevation certificate can be negotiated as an additional item. 65 Item 4 Gross Land Area Commonly Included? Yes This item requires the surveyor to report total land area of the property in acres and/or square footage, as defined by the legal description. This item may include reporting the size of other areas of the property, such as parking areas, if requested by the client. This information pertains to zoning matters and confirms that size and space regulations are adequately met.

78 Item 5 Vertical Relief Commonly Included? Yes, for construction/development. Not usually needed for most real estate transactions. This item includes depicting the topography of the surveyed property, usually by reporting contours at one foot intervals, along with a notation of the benchmark. This item should be considered for properties where construction or redevelopment is proposed, or in instances where drainage issues are unclear. 66

79 Item 6(a) or 6(b) Zoning Commonly Included? Yes Item 6(a) requires the surveyor to report the zoning classification for the surveyed property, as provided by the title insurer. Item 6(b) requires the surveyor to report the zoning classification, as well as any building setback requirements and/or height and floor space area restrictions as set forth in that classification, as provided by the insurer. This information can help evaluate the surveyed property s compliance with local zoning ordinances. Setback lines will only be shown if they are graphically shown in a platted record document provided to the surveyor. 67

80 Please note: The zoning information must be provided by the insurer (the title company). This change occurred with the 2011 update of the Minimum Standard. If the information is not provided by the insurer, the survey may contain a note stating: The surveyor was not provided with zoning information from the insurer pursuant to Table A Item 6(a) or 6(b). Item 7(a) Exterior Dimensions of All Buildings Commonly Included? Yes This item requires the surveyor to show the exterior dimensions of the foot print of the building(s). This item is usually included since the surveyor is already required to get the building dimensions to depict a building on the survey. Item 7(b)(1) Square Footage of Exterior Footprint Commonly Included? Yes This item requires the surveyor to calculate and depict the area (square footage) of the foot print of the building at ground level. This item can be helpful in identifying discrepancies in the building size reported by an appraiser or the county tax assessor. The information can also help verify the building s compliance with zoning size requirements, which is important in order to obtain a zoning endorsement from the insurer. 68 Item 7(b)(2) Square Footage of Other Areas Commonly Included? No, rarely included This item can be used to cover any additional area calculations as required by the client. For example, the total square footage of paved areas, parking areas, and landscaped areas may be requested to help verify zoning conformance.

81 Item 7(c) Measured Height of All Buildings Commonly Included? Yes This item requires the surveyor to measure the height of all above grade buildings at a specified location (or if none specified, the location must be identified by the surveyor). This is commonly included because building heights may be restricted by zoning laws, government related requirements such as Federal Aviation Administration (FAA) restrictions, or Schedule B exceptions. This item does not include reporting the number of floors for multistory buildings or the heights of other improvements; however, those can be included as Item 22 (blank) should the client require it. 69

82 Item 8 Substantial Features Commonly Included? Yes This item generally refers to improvements and features not covered in the Minimum Standard (Section 5), such as parking lots, billboards, signs, swimming pools, and landscaped areas. This item may be helpful in evaluating the property s zoning conformance or obtaining a Zoning Endorsement. This item is almost always recommended. 70

83 Item 9 Parking Spaces Commonly Included? Yes This item requires the surveyor to depict parking stall striping with a count and type. This item is helpful for evaluating compliance with both zoning and accessibility/ada requirements. 71 Item 10(a) and/or 10(b) Party Walls Commonly Included? Infrequent, but may be included on certain lenders certifications even though the item may not apply. These items may be relevant for properties that share a common or party wall between properties, such as in dense urban areas. Item 10(a) requires the surveyor to determine the location of the common wall between adjoining parties, and whether the common wall is one and the same with the property line (as it should be).

84 Item 10(b) requires the surveyor to determine whether walls are vertically plumb or are leaning (which could create an encroachment). This item is very uncommon and usually not necessary. It should only be selected under the advisement of the surveyor, as it can add significant cost. If the properties have a recorded party wall agreement (most common wall properties do), there may be some flexibility with common wall locations or non plumb walls. If, however, the client wishes to determine whether any air rights encroachments exist, Item 10(b) may be needed. For either item, the client must obtain necessary permission for the surveyor to access the interiors of adjoining properties. Item 11(a) or 11(b) Location of Utilities Commonly Included? Yes, by lenders (11(a)) and developers (11(b)) Item 11(a) requires the surveyor to report the location of utilities on the property or within an adjoining right of way based only on aboveground field observation, such as manholes and water valves. 72 Item 11(b) requires the surveyor to report the location of utilities based on aboveground field observation, as well as maps or plans provided by utilities companies, maps provided by the client (particularly as built site plans), and/or utility field markings (which may require hiring private utility locating firms). This item is commonly known as underground utilities. For sites where new development or redevelopment is planned, this item may be important to include; otherwise, for many clients Item 11(b) s additional expense may not be justified.

85 Please note: Without excavation, the exact location of underground features may not be accurately, completely, and reliably depicted. Item 12 Government Agency Requirements Commonly Included? Only required for a few agencies HUD, FAA, and the Bureau of Land Management are some of the government entities that may have specific survey requirements. Depending on these requirements, the cost to complete the survey may increase. 73 Item 13 Names of Adjoining Owners of Platted Lands Commonly Included? Yes This item is only necessary when the subject property is adjoined by a platted subdivision and the client would like the recorded owners

86 of each individual adjoining lot to be identified, rather than just the recording information for the adjacent subdivision as a whole (the parent parcel ). Otherwise, the surveyor will report the adjacent subdivision parent parcel recording data, which is required by Section 6.C.vi of the Minimum Standard. Item 14 Distance to Nearest Intersecting Street Commonly Included? Yes 74 This item requires the surveyor to measure the distance to the nearest intersecting street from a corner of the surveyed property (the corner being located within a road centerline or along a road right of way). This item can help evaluate compliance with zoning restrictions regarding distance to streets. The Minimum Standard already requires that, for properties with a metes and bounds description in which the property corner is tied to a street, the distance is reported within the dimensions on the survey.

87 Item 15 Alternative Technology for Locating Features Commonly Included? No This item allows the surveyor to utilize alternative technologies (aerial photograph mapping, laser scanning, etc.) to remotely identify and locate features within the surveyed property, except for the property boundaries which must still be traditionally surveyed. This method is only cost effective and efficient for very large properties (100 acres or more), or difficult to access properties; otherwise, these technologies would unnecessarily add significant cost to the survey. These methods can diminish the accuracy of the survey and some improvements may not be shown if covered by trees or other features. 75

88 Item 16 Observed Construction Commonly Included? Yes This item requires the surveyor to report observed evidence of earth moving work, building construction, or building additions. Current construction activities could indicate the existence of a construction lien against the property. Item 17 Changes in Street Right of Way Commonly Included? Yes This item requires the surveyor to report any proposed right of way changes identified at the controlling jurisdiction, or any observed evidence of right of way changes such as recent street or sidewalk construction. Road widening could result in a land taking from the surveyed property, and repairs could indicate an assessment fee. 76 Item 18 Evidence of Dump, Sump, or Landfill Commonly Included? Yes This item requires the surveyor to report and depict any observed evidence of the property being used for dumping or landfill activities.

89 This item does not entail an Environmental Site Assessment, which should be conducted by a qualified environmental professional. Item 19 Location of Wetlands Commonly Included? Yes This item requires the surveyor to depict wetlands as delineated by qualified wetland experts. The surveyor is not trained to identify wetlands or wetland boundaries and should not be expected to conduct wetland delineation, but only to depict the identified wetland areas on the survey based on an appropriate map provided by the client or based on evidence of wetland markings observed in the field. 77

90 The surveyor will report water features identified on the surveyed property as part of 5.G of the Minimum Standard. Item 20(a) and/or 20(b) Appurtenant or Benefitting Easements Commonly Included? Somewhat (20(a)) and very rarely (20(b)) 20(a) requires the surveyor to identify improvements within off site easements that benefit the surveyed property. For example, an owner of a property using a drive aisle that runs across an adjoining property (for which the owner has an easement), may wish to improve the driveway. To do so, they would need to know what improvements exist within that easement. 78

91 20(b) requires the surveyor to place monuments at major corners of off site easements or servitudes benefitting the property. This item is rarely requested. Both items can add significant additional time and cost to the survey based on the number or size of the off site easements, so this should be taken into consideration both by the client and the surveyor when discussing what is to be included and negotiating additional fees for this item. The client must obtain necessary permission for the surveyor to perform these items. Item 21 Professional Liability Insurance Commonly Included? Rarely This item permits the client to request proof that the surveyor carries a specified amount of professional liability insurance (errors and omissions). The industry standard coverage is $1,000,000 per occurrence. 79 Item 22 (Blank) Commonly Included? N/A Item 22 can be used to indicate additional work requested of, and negotiated with, the surveyor.

92 11. Review Checklist for ALTA Surveys

93 11. Review Checklist for ALTA Surveys Reviewing the survey requires detailed scrutiny to ensure that all minimum and negotiated requirements were met. Below is a checklist that may help facilitate the review process. This checklist is also available as a printable document at: surveys.php. This checklist is intended only as a useful tool. Please refer to the full text of the Minimum Standard Detail Requirements for explicit and exact wording. Section 5. Field Work A. Monuments 5.A.i. Location and description of monuments or lines controlling surveyed property 5.A.ii. Location, size and type of monuments found or set on surveyed property boundaries 80 B. Rights of Way and Access 5.B.i. Distance to the nearest right of way line, if surveyed property does not border on a right of way 5.B.ii. Name of any right of way abutting surveyed property; width and location of the pathway or road relative to nearest boundary of surveyed property 5.B.iii. Visible evidence of access to any abutting public ways such as drive aprons 5.B.iv. Location and character of ways of access by those other than the apparent occupants of surveyed property to or across surveyed property 5.B.v. Location and extent of potentially encroaching ways of access on, to or from adjoining properties

94 5.B.vi. Where record documentation was not provided or available, the evidence of location or monumentation of parcel corners that might indicate width or location of abutting right of ways 5.B.vii. Evidence of access to and from waters adjoining surveyed property C. Lines of Possession, and Improvements along the Boundaries 5.C. i. Character and location of evidence of possession or occupation along perimeter of surveyed property by occupants and adjoiners 5.C. ii. Character and location of improvements within five feet of each side of boundary lines 5.C. iii. Evidence, location and extent of potentially encroaching structural appurtenances and projections onto or from adjoining property, rights of way, easements, or setback lines disclosed in record documents D. Buildings 81 Locations of all buildings on surveyed property and perpendicular distance from nearest building corner to the nearest perimeter boundary line(s) E. Easements and Servitudes 5.E. i. Evidence of easements or servitudes burdening surveyed property, disclosed by record documents or field observed 5.E. ii. Evidence of easements or servitudes not disclosed by record documents, but observed on or across surveyed property and on adjoining properties if they appear to affect surveyed property 5.E. iii. Surface indications of underground easements or servitudes on or across surveyed property 5.E. iv. Evidence of use of surveyed property by other than apparent occupants

95 F. Cemeteries Location of cemeteries, gravesites and burial grounds disclosed by record documents or field observed G. Water Features 5.G. i. Location of springs, ponds, lakes, streams and rivers bordering on or running through surveyed property 5.G.ii Location of any water boundary; attributes of the water feature located should be congruent with the boundary described in record description Section 6. Plat or Map A. Evidence and locations gathered during field work B. Boundary, Descriptions, Dimension and Closures 82 6.B. i. Current record description of surveyed property and any new description prepared during survey with a statement explaining its necessity (a new description should be avoided unless necessary) 6.B. ii. Location and description of monuments, lines, and evidence controlling the boundaries of surveyed property; or evidence used to establish or retrace boundaries and their relationship to the boundaries 6.B. iii. Labels for all distances and directions identified in record and new description of surveyed property; any significant differences in measured/calculated dimension from record dimension 6.B. iv. Directional, distance, and curve data necessary to compute mathematical closure of surveyed property; a note if the record description does not close; basis of bearings and any difference from the record basis

96 6.B. v. Depiction of remainder of any parent lot or parcel when surveyed property comprises only a portion of such lot 6.B. vi. For water boundaries: note of the date measured; which attributes of the water feature were located; a caveat that boundary is subject to change by natural forces 6.B. vii. Relationship of boundaries of surveyed property with adjoiners such as gaps or overlaps; boundaries between multiple parcels within a surveyed property 6.B. viii. Note of any significant differences from record or fundamental decisions regarding property boundary when otherwise not clear 6.B. ix. If applicable, a note explaining site conditions that resulted in a Relative Positional Precision that exceeds maximum allowed 6.B. x. Note identifying title commitment/policy number, effective date and name of insurer C. Easements, Servitudes, Rights of Way, Access and Record Documents 83 6.C. i. Width and recording information of all plottable rights of way, easements, and servitudes burdening and benefitting surveyed property 6.C. ii. Note regarding any right of way, easement or servitude in a record document which is un locatable, not observed, a blanket easement, is off site of the surveyed property, limits access to an abutting right of way, or affects certain parcels of a multiple parcel surveyed property. 6.C. iii. Note if no physical access to a public way was observed 6.C. iv. Width of abutting rights of way and source of information 6.C. v. Identifying titles, recording and filing data of all plats, maps or documents which the survey represents 6.C. vi. For non platted adjoining land, names and recording data identifying adjoining owners according to current public records. For platted adjoining land, the recording data of the subdivision plat.

97 6.C.vii Platted setback or building restriction lines which appear on recorded subdivision plats or in provided record documents D. Presentation 6.D. i. Appropriate sheet size, graphic scale, scale in words, boundary line appearance to be bolder and darker than other survey lines, north arrow, legend, and vicinity map 6.D. ii. Supplemental diagrams as necessary 6.D. iii. If applicable, a note containing No buildings existing on the surveyed property 6.D. iv. Surveyor s information: project number, name, registration or license number, signature, seal, street address, telephone number, and address. Date(s) of any revisions made by surveyor. 6.D. v. Sheet numbers (if more than one sheet) 6.D. vi. Caption ALTA/ACSM Land Title Survey 84 Section 7. Certification ALTA/ACSM designated certification language Table A Optional Items as Agreed Upon 1. Monuments placed or referenced at property boundary corners 2. Addresses 3. Flood zone classification 4. Gross land area 5. Vertical relief, contour interval, datum, and originating benchmark 6.(a) Current zoning classification as provided by insurer 6.(b) Current zoning classification, building setback requirements, height and floor space area restrictions as provided by the insurer

98 7.(a) Exterior dimensions of buildings 7.(b)1 Square footage of exterior footprint of buildings 7.(b)2 Square footage of specified other areas of buildings 7.(c) Measured height of buildings 8. Other substantial features 9. Parking: striping, number, and type of parking spaces 10.(a) Division or party walls of adjoining properties 10.(b) Determination of whether walls are plumb 11.(a) Utilities: observed evidence 11.(b) Utilities: observed evidence and evidence from plans, markings by utility companies, and other sources 12. Government agency requirements 13. Names of adjoining owners of platted lands 14. Distance to nearest intersecting street 15. Rectified orthography, photogrammetric mapping, airborne/mobile laser scanning, etc. 16. Evidence of earth moving work, building construction, or building additions 17. Proposed changes in street right of way lines 18. Evidence of solid waste dump, sump, or landfill 19. Location of wetland areas 20.(a) Improvements within offsite easements or servitudes benefitting surveyed property 20.(b) Monuments placed (or referenced) for offsite easements or servitudes benefitting surveyed property 21. Surveyor obtains professional liability insurance in amount of $ for contract term. 22. (Blank, for other negotiated items) 85

99 12. Additional Resources

100 12. Additional Resources American Land Title Association American Congress on Surveying and Mapping National Society of Professional Surveyors Globe Street Visit The Science of Real Estate page for informative content and blogs on property due diligence. Partner Resources Many helpful resources on real estate due diligence tools can be found on our company website and ALTA Survey webpage, including: 86 Educational webinars, including ALTA Survey webinars offering Minimum Continuing Legal Education Credits Blogs and articles Guidance documents and resources