2016 Seminar Series Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys

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1 2016 Seminar Series 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys Ben V. Ipock Title Counsel Attorneys Title 8000 Regency Parkway, Suite 165 Raleigh, NC (919)

2 Benjamin V. Ipock Ben joined Attorneys Title in the summer of 2015 and serves in the role of title counsel for the Raleigh, NC office. Prior to his current position Ben was in private practice in Gastonia, NC with the law firm of Morrow & Ipock, P.A. And J. Ben Morrow, P.A. His practice primarily focused on residential real estate, estates and special proceedings before the Clerk of Court. Before transitioning to property law, Ben was an Assistant Public Defender for the Judicial District 27A in Gaston County. He earned his Bachelor of Science in Textile Management from North Carolina State University (2007) and a Juris Doctorate from the Charlotte School of Law (2011). Ben was admitted to the North Carolina State Bar in August 2011 and is proud to be a member of the Wake County Real Property Lawyers Association, Real Estate Lawyers Association of North Carolina, Wake County Bar Association, North Carolina Bar Association and the North Carolina Land Title Association where he currently is serving on the executive board as secretary.

3 2016 Minimum Standard Detail Requirements for ALTA/ NSPS Land Title Surveys May 17, 2016 Introduction Changes came as a result of ALTA/ NSPS Liaison Committee meeting in Summer 2015 ACSM American Congress on Surveying and Mapping NSPS National Society of Professional Surveyors Legal successor to ACSM ALTA/ACSM surveys are out, ALTA/NSPS surveys are in Result of Merger of ACSM with NSPS in Revision of ALTA/ NSPS standards took place in Summer 2015 Adopted by American Land Title Association October 8, 2015 Adopted by National Society of Professional Surveyors October 9, 2015 Last revision of ALTA/ACSM standards was in 2011 Effective Date for new standards is February 23, Format of the Standards Section 1 Purpose Section 2 Request for Survey Section 3 Surveying Standards and Standards of Care Section 4 Records Research Section 5 Fieldwork Section 6 Plat or Map Section 7 Certification Section 8 Deliverables Table A Optional Survey Responsibilities and Specifications 3 1

4 Section 2 Request for Survey Clarified that an ALTA/ NSPS survey can be conducted on non fee interests such as easements. 4 Section 4 Research Increased research responsibility of surveyor if documentation not provided Only conduct research which is required pursuant to the statutory or administrative requirements of the jurisdiction and outlined in the terms of survey contract Allows title evidence other than a title commitment if the commitment is not available and the evidence is acceptable to insurer. 5 5.B.ii Rights of Way and Access Width of the Traveled Way of abutting streets and highways Portion of the roadway used for movement of through traffic Paper road vs. Asphalt road 2011 Locate the width and location of traveled way width of the travelled way and the location of each edge of the travelled way including on divided streets and highways. Unless there is no access from the property to the traveled way 6 2

5 5.C.ii Improvements Located Along the Boundary Line Traditional standard surveyor to show improvements within 5 feet of each side of the boundary line 2016 added the condition of the improvement be accessible and not restricted 6.B.xi now requires a note about the inaccessible areas 7 5.E Utilities vs. Easements 2011 duty to show observable evidence of utility easements Table A option of showing utilities 2016 Surveyor should show all observable (on or above the surface) evidence of both easements and utilities Merged former Table A, Item 11(a) in to 5.E.iv Observed evidence of utilities, existing on or serving property, and other evidence of utilities as noted on utility plans, utility locators Surveyor should call 811 or other locator service. Should note note on survey if locator ignores request or does incomplete job Examples: pipeline markers, manholes, valves, meters, transformers, pedestals, clean outs, utility poles, overhead lines and guy wires 8 5.G.i Water Features 2016 Surveyor now has obligation to show any water feature if it is running through, or outside, but within 5 feet of property boundary Now includes canals, ditches, marshes and swamps Location of any water feature forming a boundary of the surveyed property 9 3

6 Section 6 Plat or Map Revised Standard of Care A plat or map of an ALTA/NSPS Land Title Survey shall show the following information. Where dimensioning is appropriate, dimensions shall be annotated to what is, in the surveyor s professional opinion, the appropriate degree of precision based on (a) the planned use of the property, if reported in writing to the surveyor by the client, lender, or insurer, or (b) existing use, if the planned use is not so reported B.ii Legal Description 2016 If a new legal description is drafted by the surveyor, a note should be added to the survey. Note must state new description describes the same real estate as the record description If there is a change, surveyor has to explain how the description differs from the record description 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. Except in the case of an original survey, 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. Except in the case of an original survey, if a new description is prepared, a note shall be provided stating (a) that the new description describes the same real estate as the record description or, if it does not, (b) how the new description differs from the record description B.vii Gaps & Overlaps 2016 Made clear that surveyor is not responsible for determining how to resolve the problem of gaps or overlaps between different parcels Attorney and Insurer should review survey and applicable notes and decide how any gaps or overlaps should be addressed. Do not forget about gores, which are thin triangular piece of land, the boundaries of which are defined by surveys of adjacent properties. 12 4

7 6.B.ix Buildings New Item The location of all buildings on the surveyed property, located pursuant to Section 5.D., dimensioned perpendicular to those perimeter boundary lines that the surveyor deems appropriate (i.e., where potentially impacted by a setback line) and/or as requested by the client, lender or insurer B.xi Restricted Access 2016 Paragraph 6.B.xi is completely new and reads as: A note on the face of the plat or map identifying areas, if any, on the boundaries of the surveyed property, to which physical access within five feet was restricted. Reference to 5.C.ii 14 6.B.xii Source of Title 2016 Revised to reflect that title evidence may be obtained from sources other than a title commitment, if approved by insurer. A note is required on survey identifying source of title commitment or other evidence sources, including the effective date and name of the insurer if applicable. 15 5

8 6.C.ii Summary of Rights of Way, Easements, and Servitudes Major changes, now in list format Requires summary of the rights of way, easements and servitudes burdening the property pursuant to the title evidence provided to or obtained by the surveyor, whether they are shown or not, and any relevant notes if applicable. A summary of all rights of way, easements and servitudes burdening the property surveyed and identified in the title evidence provided to or obtained by the surveyor pursuant to Section 4. Such summary shall include the record information of each such right of way, easement or servitude, a statement indicating whether or not it is shown on the plat or map, and a related note if: (a) the location cannot be determined from the record document; (b) there was no observed evidence at the time of the fieldwork; (c) it is a blanket easement; (d) it is not on, or does not touch, the surveyed property; (e) it limits access to an otherwise abutting right of way; (f) the documents are illegible; or (g) the surveyor has information indicating that it may have been released or otherwise terminated. In cases where the surveyed property is composed of multiple parcels, indicate which of such parcels the various rights of way, easements, and servitudes 16 cross or touch. 6.D.ii Required Content The plat or map shall include: The boundary of the surveyed property drawn in a manner that distinguishes it from other lines on the plat or map. If no buildings were observed on the surveyed property in the process of conducting the fieldwork, a note stating No buildings observed. A north arrow (with north to the top of the drawing when practicable). A legend of symbols and abbreviations. A vicinity map showing the property in reference to nearby highway(s) or major street intersection(s). Supplementary or detail diagrams when necessary. Notes explaining any modifications to Table A items and the nature of any additional Table A items (e.g., 21(a), 21(b), 21(c)) that were negotiated between the surveyor and client. The surveyor s project number (if any), and the name, registration or license number, signature, seal, street address, telephone number, company website, and address (if any) of the surveyor who performed the survey. The date(s) of any revisions made by the surveyor who performed the survey. Sheet numbers where the plat or map is composed of more than one sheet. The caption ALTA/NSPS Land Title Survey. 17 Table A Items Table A represents Optional Survey Responsibilities and Specifications that have been negotiated for by the client with the surveyor. 18 6

9 Table A Item 6 Zoning 2011 current zoning classification, as provided by the insurer 2016 rewritten, title company does not provide zoning information Client/ Owner has to furnish surveyor the zoning information Surveyor has option of listing setback requirements, instead of depicting, if the setback requirements somehow require and interpretation by the surveyor Surveyor should identify the date and source of the zoning report or letter This is important if the insured, owner or lender, is requesting a zoning endorsement. The same information in the Zoning Report or Zoning Letter provided to the surveyor should be sufficient for an ALTA 3 or 3.1 Zoning Endorsement. 19 Table A Item 8 Substantial Features Substantial features observed in the process of conducting the fieldwork (in addition to the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). No longer requirement to show solid waste dumps, sump or sanitary landfills as in 2011 Standards, Table A, Item 18, due largely to the standard use of Phase One Environmental Assessments 20 Table A Item 9 Parking Two duties Set forth the number and type of parking spaces on surface parking areas, lots and within parking structures Striping of clearly identifiable parking spaces on surface parking areas and los Not required to depict parking spaces that are within a structure 21 7

10 Table A Item 11 Easements Reference back to 5.E.iv All above ground observations are now required and are no longer optional Surveyor is now responsible for identifying underground utilities through attempts to obtain utility plans, calling 811, utility location requests or information provided by client. 22 Table A Item 13 Adjoining Property Owners 2011 required to show names of adjoining owners of platted lands according to current public records 2016 Requires identifying adjoining owners according to current tax records, thus not requiring surveyor to conduct a title search to identify adjoining owners. Names of adjoining owners according to current tax records. If more than one owner, identify the first owner s name listed in the tax records followed by et al. 23 Table A Item 18 Wetlands Form Item 19 Generally not a Title issue, but is a survey issue If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 24 8

11 Table A Item 19 Offsite Easements 2011 Item 20 request surveyor to survey offsite easement benefitting the Land 2016 Now Item 19 Easement further defined as being appurtenant to the Land, i.e. benefitting the fee simple land being surveyed Easement to be surveyed in same manner as the fee simple Option to place monument and corner has been removed, so as to not encourage surveyor to place monuments on the easement parcel This why it is important to discover and disclose easements on preliminary opinion so they will be picked up in Sch. B of the title commitment which the surveyor relies on to create survey. Client is still responsible for obtaining necessary permission for surveyor to access parcels not owned by client 25 Table A Item 20 Liability Insurance 2011 Liability Insurance was introduced to Table A 2016 Item remains, but clarified to that liability insurance shall not be addressed on the face page of the survey need to look to contract between client and surveyor 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, but this item shall not be addressed on the face of the plat or map. 26 Table A Item 21 Additional Items Additional Items negotiated between the Surveyor and Client are to be added in sequential order as Items 21(a), 21(b), 21(c) and so forth 27 9

12 Survey Review Tips Start from the outside of the survey and work your way in Read all the notes Review the certification Check for date and revision dates, reason for revision Review the legend Make sure survey is certified to your client insurer and lender Items to look for: What benefits, burdens, or serves the Land Survey is dated Sch. B items plotted or noted why not plotted Utilities (above, below and surface) water, gas, sewer, electric, cable, phone, storm drain, metes, boxes, valves, transformers etc Parking spaces, number and striping Point of Beginning Boundaries identified by courses and distances, monuments and corners Dotted, dashed, thin, bold, or special lines All improvements shown with distances to nearest boundary Surveyor s signature and seal are present North arrow present and accurate Vicinity sketch 28 Legation Description matches description of record Acreage and area of land; area of easements, r/w, etc Address Names of adjacent owners Water ponds, streams, creeks, lakes, oceans, ditches, rivers, bays Cemeteries Railroad active or inactive Undedicated roads/ Private roads Gaps, Gores and Overages Boundary concerns such as fences Access: public or private, properly identified and labeled, including widths and edge of pavement, curb cuts Setbacks Encroachment from or onto an adjoining parcel, setback or easement Evidence of recent improvements or construction Scale Flood Zone and Flood Plains Multiple parcels, contiguity, single parcels split Questions Ben Ipock Title Counsel Attorneys Title ben.ipock@attorneystitle.com