|
|
|
|
2005
MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM
LAND TITLE SURVEYS as adopted by American Land Title
Association and National
Society of Professional Surveyors (a
member organization of the American Congress on Surveying and Mapping)
It is recognized that members of the American Land
Title Association (ALTA) have specific needs, peculiar to title insurance
matters, which require particular information for acceptance by title
insurance companies when said companies are asked to insure title to land
without exception as to the many matters which might be discoverable from
survey and inspection and not be evidenced by the public records.
In the general interest of the public, the surveying profession, title
insurers and abstracters, ALTA and the National Society of Professional
Surveyors, Inc. (NSPS) jointly promulgate and set forth such details and
criteria for standards. It is
recognized and understood that local and state standards or standards of care,
which surveyors in those respective jurisdictions are bound by, may augment,
or even require variations to the standards outlined herein.
Where conflicts between the standards outlined herein and any
jurisdictional statutes or regulations occur, the more restrictive requirement
shall apply. It is also
recognized that title insurance companies are entitled to rely on the survey
furnished to them to be of an appropriate professional quality, both as to
completeness and as to accuracy. It is equally recognized that for the performance of a
survey, the surveyor will be provided with appropriate data which can be
relied upon in the preparation of the survey.
For a survey of real property and the plat or map of the survey to be
acceptable to a title insurance company for purposes 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 shall be presented for the distinct and clear
understanding between the client (insured), the title insurance company
(insurer), and the surveyor (the person professionally responsible for the
survey). These requirements are:
1.
The client shall request the survey or arrange for the survey to be
requested and shall provide a written authorization to proceed with the survey
from the person 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 shall designate which of the
optional items listed in Table A are to be incorporated. The request shall set forth the record description of the
property to be surveyed or, in the case of an original survey, the record
description of the parent parcel that contains the property to be surveyed.
Complete copies of the record description of the property (or, in the
case of an original survey, the parent parcel), any record easements
benefiting the property
2.
The plat or map of such survey shall bear the name, address, telephone
number, and signature of the professional land surveyor who performed the
survey, his or her official seal and registration number, the date the survey
was completed, the dates of all of the surveyor’s revisions and the caption
"ALTA/ACSM Land Title Survey" with the certification set forth in
paragraph 8.
3.
An "ALTA/ACSM LAND TITLE SURVEY" shall be in accordance with the
then-current "Accuracy Standards for Land Title Surveys"
("Accuracy Standards") as adopted, from time to time by the National Society of Professional Surveyors and
the American Land Title Association and incorporated herein by reference.
4.
On the plat or map of an "ALTA/ACSM
LAND TITLE SURVEY," the survey boundary shall be drawn to a
convenient scale, with that scale clearly indicated.
A graphic scale, shown in feet or meters or both, shall be included.
A north arrow shall be shown and when practicable, the plat or map of
survey shall be oriented so that north is at the top of the drawing.
Symbols or abbreviations used shall be identified on the face of the
plat or map by use of a legend or other means.
If necessary for clarity, supplementary or exaggerated diagrams shall
be presented accurately on the plat or map.
The plat or map shall be a minimum size of 8˝ by 11 inches.
5.
The survey
shall be performed on the
ground and
the plat or map of an
"ALTA/ACSM LAND TITLE SURVEY"
shall contain, in addition to the required items already specified above, the
following applicable information: (a)
All data necessary to indicate the mathematical dimensions and
relationships of the boundary represented, with angles given directly or by
bearings, and with the length and radius of each curve, together with elements
necessary to mathematically define each curve.
The point of beginning of the surveyor's description shall be shown as
well as the remote point of beginning if different.
A bearing base shall refer to some well‑fixed line, so that the
bearings may be easily re‑established.
The North arrow shall be referenced to its bearing base and should that
bearing base differ from record title, that difference shall be noted. (b)
When record bearings or angles or distances differ from measured
bearings, angles or distances, both the record and measured bearings, angles,
and distances shall be clearly indicated.
If the record description fails to form a mathematically closed figure,
the surveyor shall so indicate. (c)
Measured and record distances from corners of parcels surveyed to the
nearest right‑of‑way lines of streets in urban or suburban areas,
together with recovered lot corners and evidence of lot corners, shall be
noted. (d)
The identifying titles of all recorded plats, filed maps, right of way
maps, or similar documents which the survey represents, wholly or in part,
shall be shown with their appropriate recording data, filing dates and map
numbers, and the lot, block, and section numbers or letters of the surveyed
premises. For non-platted adjoining land, names, and recording data
identifying adjoining owners as they appear of record shall be shown. For
platted adjoining land, the recording data of the subdivision plat shall be
shown. The survey shall indicate platted setback or building restriction lines
which have been recorded in subdivision plats or which appear in Record
Documents which have been delivered to the surveyor.
Contiguity, gores, and overlaps along the exterior boundaries of the
surveyed premises, where ascertainable from field evidence or Record
Documents, or interior to those exterior boundaries, shall be clearly
indicated or noted. Where only a part of a recorded lot or parcel is included
in the survey, the balance of the lot or parcel shall be indicated. (e)
All evidence of monuments shall be shown and noted to indicate which
were found and which were placed. All
evidence of monuments found beyond the surveyed premises on which
establishment of the corners of the surveyed premises are dependent, and their
application related to the survey shall be indicated. (f)
The character of any and all evidence of possession shall be stated and
the location of such evidence carefully given in relation to both the measured
boundary lines and those established by the record.
An absence of notation on the survey shall be presumptive of no
observable evidence of possession. (g)
The location of all buildings upon the plot or parcel shall be shown
and their locations defined by measurements perpendicular to the nearest
perimeter boundaries. The precision of these measurements shall be commensurate
with the Relative Positional Accuracy of the survey as specified in the
current Accuracy Standards for ALTA/ACSM Land Title Surveys. If there are no buildings erected on the property being
surveyed, the plat or map shall bear the statement, "No buildings."
Proper street numbers shall be shown where available. (h)
All easements evidenced by Record Documents which have
been delivered to the surveyor shall be shown, both those burdening and those
benefiting the property surveyed, indicating recording information.
If such an easement cannot be located, a note to this effect shall be
included. Observable evidence of
easements and/or servitudes of all kinds, such as those created by roads;
rights‑of‑way; water courses; drains; telephone, telegraph, 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, shall be located and noted. If
the surveyor has knowledge of any such easements and/or servitudes, not
observable at the time the present survey is made, such lack of observable
evidence shall be noted. Surface
indications, if any, of underground easements and/or servitudes shall also be
shown. (i)
The character and location of all walls, buildings, fences, and other
visible improvements within five feet of each side of the boundary lines shall
be noted. Without expressing a legal opinion, physical evidence of all
encroaching structural appurtenances and projections, such as fire escapes,
bay windows, windows and doors that open out, flue pipes, stoops, eaves,
cornices, areaways, steps, trim, etc., by or on adjoining property or on
abutting streets, on any easement or over setback lines shown by Record
Documents shall be indicated with the extent of such encroachment or
projection. If the client wishes
to have additional information with regard to appurtenances such as whether or
not such appurtenances are independent, division, or party walls and are
plumb, the client will assume the responsibility of obtaining such permissions
as are necessary for the surveyor to enter upon the properties to make such
determinations. (j)
Driveways, alleys and other ways of access on or crossing the property
must be shown. Where there is evidence of use by other than the occupants of
the property, the surveyor must so indicate on the plat or map.
Where driveways or alleys on adjoining properties encroach, in whole or
in part, on the property being surveyed, the surveyor must so indicate on the
plat or map with appropriate measurements. (k)
As accurately as the evidence permits, the location of cemeteries and
burial grounds (i) disclosed in the Record Documents provided by client or
(ii) observed in the process of performing the field work for the survey,
shall be shown. (l)
Ponds, lakes, springs, or rivers bordering on or running through the
premises being surveyed shall be shown.
6.
As a minimum requirement, the surveyor shall furnish two sets of prints
of the plat or map of survey to the title insurance company or the client.
If the plat or map of survey consists of more than one sheet, the
sheets shall be numbered, the total number of sheets indicated and match lines
be shown on each sheet. The
prints shall be on durable and dimensionally stable material of a quality
standard acceptable to the title insurance company.
The
record title description of the surveyed tract, or the description provided by
the client, and any new description prepared by the surveyor must appear on
the face of the plat or map or otherwise accompany the survey.
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
may explain this information with notes on the face of the plat or map or in
accompanying attachments. If the relative positional accuracy of the survey exceeds
that allowable, the surveyor shall explain the site conditions that resulted
in that outcome with a note on the face of the map or plat. 7.
Water
boundaries necessarily are subject to change due to erosion or accretion by
tidal action or the flow of rivers and streams.
A realignment of water bodies may also occur due to many reasons such
as deliberate cutting and filling of bordering lands or by avulsion.
Recorded surveys of natural water boundaries are not relied upon by
title insurers for location of title.
When a property to be surveyed for title insurance purposes contains a
natural water boundary, the surveyor shall measure the location of the
boundary according to appropriate surveying methods and note on the plat or
map the date of the measurement 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 changes in such boundaries, the extent of those
changes shall be identified. 8.
When the surveyor has met all of the minimum standard detail
requirements for an ALTA/ACSM Land Title Survey, the following certification
shall be made on the plat:
To (name of client), (name of
lender, if known), (name of title insurance company, if known), (name of
others as instructed by client):
This is to certify that this map or plat and the survey on which it is
based were made in accordance with the "Minimum Standard Detail
Requirements for ALTA/ACSM Land Title Surveys," jointly established and
adopted by ALTA and NSPS in 2005, and includes Items of
Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and
NSPS and in effect on the date of this certification, undersigned further
certifies that in my professional opinion, as a land surveyor registered in
the State of __________, the Relative Positional Accuracy of this survey does
not exceed that which is specified therein. Date:
(signed)
(seal) Registration No. NOTE: If,
as otherwise allowed in the Accuracy Standards, the Relative Positional
Accuracy exceeds that which is specified therein, the following certification
shall be made on the plat:
To (name of client), (name of
lender, if known), (name of title insurance company, if known), (name of
others as instructed by client):
This is to certify that this map or plat and the survey on which it is
based were made in accordance with the "Minimum Standard Detail
Requirements for ALTA/ACSM Land Title Surveys," jointly established and
adopted by ALTA and NSPS in 2005, and includes Items of
Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification,
undersigned further certifies that in my professional opinion, as a land
surveyor registered in the State of __________, the maximum Relative
Positional Accuracy is _____feet. Date:
(signed)
(seal) Registration
No. The
2005 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys are
effective January 1, 2006.
As of that date, all previous versions of the Minimum Standard Detail
Requirements for ALTA/ACSM Land Title Surveys are superseded by these 2005
standards. Adopted
by the American Land Title Association on October 5, 2005. Adopted
by the Board of Directors, National Society of Professional Surveyors on
October 24, 2005. American Land Title Association, 1828 L St., N.W., Suite 705, Washington, D.C. 20036. National
Society of Professional Surveyors, Inc., 6 Montgomery Village Avenue, Suite
403, Gaithersburg, MD 20879 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, 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. Items
16, 17 and 18 are only for use on projects for the U.S. Department of Housing
and Urban Development (HUD). If checked, the following optional items are
to be included in the ALTA/ACSM LAND TITLE SURVEY, except as otherwise
negotiated: 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 an existing monument or witness to the corner. 2.
_____ Vicinity
map showing the property surveyed in reference to nearby highway(s) or major
street intersection(s). 3.
_____ Flood
zone designation (with proper annotation based on 4.
_____ Gross
land area (and other areas if specified by the client). 5.
_____ Contours
and the datum of the elevations. 7.
_____ (a)
Exterior dimensions of all buildings at ground level
(b) Square footage of:
_____
(1) exterior footprint of
all buildings at ground level
_____
(2) gross floor area of all buildings; or
_____
(3) other areas to be defined by the client
_____ (c)
Measured height of all buildings above grade at a defined location. If no
defined location is provided, the point of measurement shall be shown. 8.
_____ Substantial,
visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc. 9.
_____ Parking
areas and, if striped, the striping and the type (e.g. handicapped,
motorcycle, regular, etc.) and number of parking spaces. 10.
_____ Indication
of access to a public way on land such as curb cuts and driveways, and to and
from waters adjoining the surveyed tract, such as boat slips, launches, piers
and docks.. 11.
Location of utilities (representative examples of which are shown
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 and sidings;
·
manholes, catch basins, valve vaults or other surface indications of
subterranean uses;
·
wires and cables (including their function, if readily identifiable)
crossing the surveyed premises, all poles on or within ten feet of the
surveyed premises, and the dimensions of all crossmembers or overhangs
affecting the surveyed premises; and
·
utility company installations on the surveyed premises. 12.
_____ Governmental
Agency survey-related requirements as specified by the client. 13.
_____ Names
of adjoining owners of platted lands. 14.
_____ The
distance to the nearest intersecting street as designated by the client 15.
_____ Rectified
orthophotography, photogrammetric mapping, laser scanning and other similar
products, tools or technologies may be utilized as the basis for 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 accuracy and completeness of the data gathered thereby) with the
title company, 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,
relative accuracy and other relevant qualifications of any such data. 16.
_____ Observable
evidence of earth moving work, building construction or building additions
within recent months. 17.
_____ Any
changes in street right of way lines either completed or proposed, and
available from the controlling jurisdiction.
Observable evidence of recent street or sidewalk construction or
repairs. 18.
_____ Observable
evidence of site use as a solid waste dump, sump or sanitary landfill. 19.
_________________________________________________________________________ MYERS SURVEYING COMPANY,
INC. ¤ 2740 EAST MAIN
STREET ¤ COLUMBUS, OHIO 43209 ¤ (614)235-8677
|