Requesting ALTA/ACSM Land Title Surveys
Often times those who place requests for proposals (RFP’s) for ALTA Surveys do not fully understand the 2005 ALTA Standards/Table A Items or the survey process . This confusion is perhaps due in part to the continued use of form files, the use of birdshot instead of buckshot when selecting Table A items, a lack of understanding of surveying methods and the needs of the title company, lender, and or owner.
When requesting an estimate:
- Provide the surveyor with a legal description, address, Table A’s, and performance needed
- Provide any prior surveys or prior title commitments
- Provide an approximate date of closing
- Request that the surveyor carry professional liability insurance
- Provide a list of sites if there are multiple as the fee may be lower based on volume
- Be conscious of the time of year and location of the site(s)
- Check licensure status of the surveyor
Prior to moving on to the Table A requirements it is imperative that the eight standard requirements are reviewed. In some cases these may provide all that is needed, especially on a vacant site. A lot of the information provided by Table A can be researched by the party ordering the survey, thereby saving time and fees.
Notes on Table A requirements:
Item 1: Some states do not require monuments to be placed as part of a property survey. If it is not required or if it may be waived by written agreement, not requiring this Item can save time and lower the fee.
Item 5: Unless drainage is an issue or if there are plans to renovate the existing site, this Item should not be requested as it significantly adds time and fees.
Item 6: Surveyors are not zoning officials or planners and therefore there is opportunity for misinterpretation or omission of key zoning items. Where there are overlay districts and multiple uses proper application can be extremely difficult. The party ordering surveys should request complete zoning letters from the proper jurisdictions.
Item 11: One of the fastest ways to drain funds for surveys is to request 11b instead of 11a. Of course surveyors cannot see what is below the surface and utility plans may be vague or outdated. If the property has been under one use or has no utility easements of record there are few reasons to order 11b. If a party intends to improve or subdivide the property, there may be a need for a more thorough investigation. In either case, the only way to guarantee that all buried utilities have been located is by excavating the entire site, which is not practical. Lastly, be aware of when the survey is being ordered. If a Minnesota site is known to contain utility facilities and it is February there is a good chance that all “normally” observable utilities will not be located or shown on the survey.
ALTA Certifications:
One of the more contested issues in the ALTA process is the certification. Many time the party ordering the survey will send out-dated ALTA certifications, long client specific certifications, form certifications that have been used for years, etc… The current ALTA Standards state that the following certification “SHALL” placed on the survey. Nothing in the standards state that any other form of certification can be used. Any other certification should void the ALTA survey as it is no longer an “ALTA/ACSM Land Title Survey.” The certification language is required as agreed by the National Society of Professional Surveyors and the American Land Title Association.
Comments/Revisions:
Be sure to allow enough time for revisions to surveys. Many times surveyors submit drafts for preliminary review (at the request of the client) and may not include all survey items. To avoid multiple revisions, please be sure to coordinate revision comments with all parties and have one party submit all requests.
Deliverables:
Some states allow digital signatures/stamps for surveys and therefore can reduce the time and expense of printing and shipping paper surveys to many parties. Also review of surveys and comment submission should be done via PDF.