Every five years, ALTA and the National Society of Professional Surveyors (NSPS) review the standards. No reader of this information should act or refrain from acting on the basis of information contained in this material without first seeking legal advice from counsel in the relevant jurisdiction. The need for Title Insurance arises to protect the owner, and lender, against any disputes against, or claims to, any part of the property, or financial compensation owed to another party in association with said property. PDF New Minimum Standard Detail Requirements for ALTA/NSPS Land Title If a contract to perform a Land Title Survey is executed on or after February 23, 2021, the sur-vey must be performed pursuant to the 2021 Standards with a couple of possible exceptions ex-plained below. What are the main ALTA Survey Requirements in 2022? - Tucker Engineering Some of these optional elements include, but are not limited to: And more. Once an ALTA survey has been performed, there will be a clear and accessible record containing relevant information concerned with the present and future use of the land, and all encumbrances and restrictions that may affect the property or its use. Potential easements, or claims thereof, that may negatively impact the property and are not readily available in public records but are reflected in a thorough examination of the physical property. Differences Between a Boundary and an ALTA Survey. Field conditions and other factors, like the size if the property and the number and density of improvements, will typically dictate the appropriate tools. In general, how detailed and how expensive a survey you need is a question best answered after a site inspection and review of the preliminary title report. We combine experience, innovation and data to meet your goals are you ready to move forward with your project? When to Use an ALTA Survey for an Acquisition or New Project Many different parties can use an ALTA survey for their benefit. The date of the project must also be specified along with the surveyors signature and seal in a statement of certification. Also, please remember that this document was approved unanimously by the members of the joint ALTA/NSPS Committee which is comprised of numerous members of both NSPS and ALTA. Basic Requirements of ALTA Surveys | Cardinal Surveying In fact, many title insurers will usually refrain from insuring a commercial property until a survey addressing all encroachments, easements and boundary issues is completed. If the survey is of an existing parcel, it is called a "retracement" and the surveyor's job with respect to the boundary is to "follow in the footsteps" of the original surveyor of the parcel. This is particularly important when the preliminary title report raises many or difficult-to-locate easements or other similar exceptions, or when the facts on the ground seem complicated. American National LLC | Copyright | Privacy Policy | Blog. Effective February 23, 2021, the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys (the "2016 Standards") were replaced by the new 2021 . The ALTA land survey is useful in providing sound and comprehensive information regarding the property, especially when used in conjuncture with the extra information provided by selecting pertinent options from Table A. ), the American Land Title Association (ALTA) and the National Society for Professional Surveyors (NSPS) agreed to set a unified standard to be met across all US states and companies. Keep in mind, this does not affect the standards and certificate if using the Texas Society of Professional Surveyors land title survey standards and certificate. What is an ALTA Survey? GEO FORWARD Lets Go Back To BasicsWhat Is the Definition of a Land Survey? On site field work be performed by a licensed land surveyor or under his immediate supervision, The preparation of a plat or map showing the results of the field work and the relationship to the documents provided to the surveyor by the title company, Additional items requested by the client according to the ALTA Table A, Certification by the licensed land surveyor attesting to the accuracy and information provided on the plat or map. An ALTA Survey is a survey prepared by a licensed surveyor in accordance with detailed standards adopted by the American Land Title Association (ALTA) and the American Congress of Surveying and Mapping (ACSM). There are minimum standards associated with an ALTA survey so as to ensure it is complete and accurate according to a national standard. Speak with our Attorney Today! First, there must be extensive research both into the public records and into relevant private records. The plat/map must also show any gaps or overlaps with adjoining properties as revealed in the records, and the location and extent of any easements identified in the title commitment. A new description may be writtento indicate new corner markers that were set or to reflect higher precision in measurements and dimensioning than the old description did. Boundary Survey vs an ALTA Survey Which One Is Needed? There are minimum standards associated with an ALTA survey so as to ensure it is complete and accurate according to a national standard. There are a number of other popular drafting/computing software systems used by surveyors such as Carlson. The ALTA land survey conforms to a nationally recognized set of minimum standards jointly established by the American Congress on Surveying and Mapping (ACSM), as well as the American Land Title Association (ALTA). Cardinal Surveying would like the opportunity to earn your business. 7 Best Advantages of Boundary Surveys: Why Are They Important? The ALTA/NSPS requirements are therefore almost all aimed at having the surveyor collect and document data from the records and on the ground in order to support the needs of title companies when they are asked to insure title without the standard survey exception. Then the plat/map of the survey is prepared to document those boundaries and all of the located features. However, the American Land Title Association (ALTA) land survey, considered the gold-standard of surveys by many, provides comprehensive protection to buyers, lenders and title insurers alike as it includes the highest requirements and surveying standards. Fax: 240-439-4952info@nsps.us.com, Copyright 2023 National Society of Professional Surveyors, This website uses cookies to store information on your computer. Following are the steps and processes required to perform during the ALTA survey: The property is researched for both public and private land records As such, it requires significant time and resources to conduct properly. The data from the original survey should be scrutinized. (888) 930-6604 - 2020 - Geo Forward, Inc. National Society of Professional Surveyors (NSPS). What Does Encroachment Mean in Real Estate? Waterway boundaries and the existence of cemeteries in the surrounding area. Before requesting the survey, the client, lender and insurer should determine and agree on the scope of work in order to provide their detailed requirements to the lender. After all the historical monuments have been located, and any new monuments have been installed, the property corners will have all been identified, and the true boundaries of the property confirmed. In the process of collecting the field evidence of the boundary, the surveyor will also locate the many other features required by the ALTA/NSPS standards such as the building locations, access points, evidence of use of the property by others, possible encroachments, fences, drives, utility features, water features, parking lots, parking spaces, etc., etc. An ALTA Survey maps the propertys boundaries, the location of the improvements on the property, including buildings and other structures, fences, utility lines and installations, trails, paths and roads, etc., and the location of all access, utility and other easements recorded against the property. If you have any questions or comments, email Rick. An ALTA survey should bear only the following certification (it should be unaltered): 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 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items ___________ of Table A thereof. In other words, it ensures the property owner in case somebody brings a legitimate claim to the land itself, or money owed due to something related to the propertys history. The Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys underwent the first significant re-write since 1962. If you plan on purchasing or refinancing real estate, an ALTA survey can be a valuable tool, allowing both lender and buyer to evaluate the property while analyzing all potential benefits and risks of owning it. An ALTA Survey is not legally required and is not always necessary. For commercial real estate, title companies typically require an ALTA Survey before they will commit to issue title insurance covering the following Survey Risks: (1) encroachments, boundary line disputes, or other matters or circumstances that would be disclosed by an accurate survey and inspection of the property; and (2) easements or claims of easements not shown by the public records. Thursday, March 4, 2021. For example, changes in ALTA standards may include the re-numbering of some Optional Items on the Table A Requirements for ALTA/NSPS . If the surveyor deems it appropriate to prepare a new property description based on the results of the survey, that will be undertaken with great care given to not inadvertently creating new title problems or confusion as to the boundaries and corners. That takes some time and effort, but the singular most important fact is thatin the United States, there isnoguarantee of ownership of real property. A deed is, in fact,notproof of your ownership of real property, it is onlyevidencethat youmightown it. New Standards with red highlights showing which clauses within those Standards are substanitaily new or are otherwise significantly modified from the 2005 version. The land surveyor conducting the ALTA survey should provide copies of the plat or map of the survey to the client and the insurer, as well as all other relevant participants in the real estate transaction that may need it. ALTA surveys are most common when acquiring commercial real estate and are usually an important step in a thorough due diligence process. Use of and access to this information does not create an attorney-client relationship between the reader and ASR Law Firm, PL and/or Anila S. Rasul, Esq. Whether you're starting a business or starting a family, ASR Law Firm serves our Real Estate, Business and Estate Planning clients with reliable legal solutions for a wide variety of legal challenges in South Florida. The precise legal description of the subject property. Overcoming this problem and being able to confidently buy real property, or to obtain a loan to buy or develop real property, requires some sort of assurance that one's investment is not at risk. Providing a thorough ALTA survey can be a vital part in clarifying a preliminary title report where the facts on the ground are unclear or seem complicated, or when many hard-to-find easements, or other exceptions have been raised. The exact wording of the standard survey exception varies, but an example is: an exception for any "Claims of parties in possession, boundary line disputes, overlaps, encroachments and any other matters not shown by the public records which would be disclosed by an accurate survey and inspection of the property.". February 4, 2021. Historically, there have been different ALTA requirements among title insurers, lenders and clients, sometimes even within the same company. If another person or entity, different from the client, is going to cover the costs of the survey, a written authorization will be needed in order to proceed. Any recorded easements that may adversely affect the property from being developed in the future after its been acquired by a new owner. 8. The hard copy should be on durable and dimensionally stable material, with a quality standard that is acceptable by the insurer. Having provided the reader that necessary background, we can describe the process. When the title company is provided with an acceptable Land Title Survey, it will remove that standard "blanket" survey exception and write exceptions for the specific problems identified on the Land Title Survey that represent possible problems with the title. The survey monuments will ideally be placed on the exact property corner, but when that is not possible, they can be positioned as close as possible and are then known as reference monuments. A reference monument must describe the relationship of the marker which is said to witness the actual location of the corner. Certain properties or interests in real properties may present issues outside those normally encountered on an ALTA/NSPS Land Title Survey (e.g., marinas, campgrounds, trailer Two of the most common reasons an ALTA survey is obtained are to identify both recorded and non-recorded issues that may affect the property, as well as, to satisfy a title insurers requirement. Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys. If a new owner who has recently purchased a property unknowingly stumbles into these types of liabilities attached to the property from before, it is important that they carry Title Insurance so they can prevent financial losses. In order to remove this exception and issue a Title Insurance policy with no survey exception, an official land survey must be completed. It was later updated in 2016, while the most recent revision took effect on February 23, 2021. The final plat/map, which must be specifically titled ALTA/NSPS Land Title Survey, must be presented on a full page and contain all the standard map-making essential features such as scale, a directional arrow, and legend. Welcome to ASR Law Firm! More mundane tools like shovels and pick axes are usually required because the evidence that needs to be found and located is frequently, if not usually, beneath the surface.