The American Land Title Association (ALTA) and National Society
of Professional Surveyors (NSPS) have announced changes to the
standards for the minimum standard detail requirements for land
title surveys of real property. The changes take effect on February
23, 2016 and will replace the requirements that took effect in
2011.
Many of the changes are ministerial in nature and will not
substantively affect the content of most ALTA surveys. These
less-important modifications include changes to remove references
to the American Congress of Surveying and Mapping (ACSM), a
predecessor to the NSPS. However, property owners, lenders, and
other parties who regularly engage surveyors for their real estate
transactions need to consider the importance of the following
changes to the minimum standards (references below relate to the
Standards):
- Records Research (Section 4): A
surveyor’s responsibility to perform research is now
expressly limited to only the research required to satisfy local
statutory or administrative requirements of the jurisdiction where
the property is located, or as negotiated in the contract between
the surveyor and the client. Section 4 also lists documents that
the surveyor must be provided by the client in order to complete
the survey. Comment: These limitations may
require updates to your checklists of survey requirements to assure
that the survey includes all of the information that you need. It
also emphasizes the need to provide the surveyor with appropriate
background information, rather than relying on the surveyor to find
it.
- Field Work Precision (Section 5 and 6): Unless
otherwise specified, the surveyor may use his or her professional
judgment to determine the appropriate degree of precision for
location of various features on the property. Please note that
Section 3(E) of the Standards still delineates measurement
standards of precision for the measurements depicted.
Comment: This modification will not typically
impact your survey, but may be important in cases where precise
delineation of a property feature is needed.
- Utility Features (Section 5(E)(iv)): Surveyors
now must show observed utility features on the property. This was
optional under the previous requirements.
Comment: This change is beneficial for most of
our clients, as this information is useful for development planning
and anticipating property usage.
- Explanation of New Legal Description (Section
6(B)(ii): If the surveyor prepares a new legal
description, he or she must explain why it was prepared, and how
the land described in the new description relates to the land
described in the record description. Comment:
While this was often included, the requirement to provide written
explanations is helpful, particularly in circumstances where the
party ordering the survey did not request a new legal
description.
- Clarification of Presentation Details (Section
6(D)(ii)): This change clarifies that certain minimum
content requirements, including depiction of a North bearing arrow,
a legend of symbols and abbreviations, etc., are mandatory.
Comment: Most surveyors already include these
details, or clients would specify them. These modifications help
clarify the interpretation of the survey.
- Adjoining Property Holders (Section 6(B)(vii):
Reflecting adjoining property holders’ names is now an
optional Table A specification (Item 13), rather than a standard
requirement. Comment: In most cases, this
information is helpful to know, and we expect that many of our
clients will make a change to their survey requirements to include
this Table A option.
- Zoning Information (Table A, Item 6): This
change requires that the surveyor be provided a zoning letter or
zoning report if the zoning information is to be reflected on the
survey. Comment: With the increased use of
zoning reports and availability of municipal zoning letters, it
makes sense that surveyors want to avoid primary responsibility for
this information, which is not really within their area of
expertise.
- Evidence of Use as a Solid Waste Dump, Sump, or
Sanitary Landfill - Former Table A, Item 18, referring to
the use of the subject property as a solid waste dump, sump or
sanitary landfill, is eliminated. Table A, Item 8 has been amended
to include the optional request that the survey show any
“substantial areas of refuse.”
Comment: As with the change to zoning
standards noted above, it makes sense that surveyors wish to have
clients rely on environmental consultants or similar expertise,
given the increased availability of and use of environmental
reports.
- Wetlands (Table A, formerly Item 19, now Item
18) – If specified in Table A, the surveyor will
locate any delineation markers observed on the property as located
by a qualified specialist, but otherwise has no obligations to
locate wetlands. The former standard required that the surveyor
locate wetland areas as delineated by an appropriate authority,
arguably implying an obligation of research of certain
environmental agency records, rather than mere location of staked
areas. Comment: Wetlands and possible wetlands continue to be a
challenging issue for land use and development. While this change
is probably appropriate because it shifts responsibility from
surveyors to other experts that work more closely with these
issues, in cases where wetlands are suspected, additional diligence
costs may have to be incurred.
- Monumentation of Appurtenant Easements - Former Table A, Item 20b: This item has been removed. Item 20b’s removal eliminates the need to locate monuments on the property upon which the appurtenant easements are located,. Comment: This changedoes not eliminate the need to depict appurtenant easements, only the need to monument them, meaning that in the vast majority of cases, this is a relatively minor change.
Should you have any questions about the changes to the ALTA/NSPS
survey standards and how they might affect your business, we
encourage you to contact a Dickinson Wright attorney for further
information.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.