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ALTA for an easement
Posted by Lamon Miller on December 19, 2013 at 3:04 pmI have a potential client requesting an ALTA survey for an easment. The client needs an electrical line run to their property and the best route requires it going thru the adjacent landowners property for about 300′.
The client is dealing with the landowner directly and the client asked me to supply them with an ALTA survey for the easement document with items 1,4, 7b1 & 2, 11b, 13, and 19 on table A checked off. I don’t know for sure but I am assuming that the client will acquire the easement and the agreement will allow them to tranfer the easement to the power company. The I am trying to figure out the need for this.
Has anyone done and ALTA survey for an easment?
Unknown Member replied 10 years, 8 months ago 6 Members · 11 Replies -
11 Replies
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I work for the City’s Electric Utility System, we acquire easements for power lines and transmission lines on a regular basis. We’ve never been required to do an ALTA survey.
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No problem.
You will need a title policy with the legal description of the easement as the insured interest.
Then proceed with your ALTA survey – the easemenet is the property to be surveyed.
I have done MANY surveys over property where the “insured interest” is an easement. Usually for wind or solar generation projects…
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ALTA Of Parcel For An Easement
I would say you have to do an ALTA of the entire parcel that the easement will be on. That is parcel perimeter and eaement area to ALTA standards. Since it may also be neccessary to access the easement through the parcel, access routes may need to be included. I seriously doubt a strip survey will serve the ultimate purpose.
It is most likely that the property to be burdened has previous ALTAs and the easement ALTA is to protect existing interests. I would also reference said current ALTAs. You will need all adjacent previous ALTAs in hand to find any paper conflicts on the proposed easement area not visible via a ground survey.
It is also very likely you will require multiple certifications.
I would say your proper research time will be twice your field time.
Paul in PA
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> Has anyone done and ALTA survey for an easment?
Yes, like kmoney I have done several… for new easements: both access strips and pipelines.
Also for existing easements to serve a property being acquired or financed.When the existence of the easement is highly important people are willing to spend the money.
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Paul in PA: I disagree. Only the portion of the land being burdened needs to be included in the ALTA, but perhaps a larger portion needs to be examined to determine the connecting lines and other existing burdens.Generally I would receive a PTR for the burdened property, I create the legal, and that legal would be inserted into an update of the PTR.
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Peter
I would never do half of a boundary survey for an ALTA, maybe for minor construction, but not for a map that could go on forever.
Paul in PA
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Paul
> I would never do half of a boundary survey for an ALTA, maybe for minor construction, but not for a map that could go on forever.
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> Paul in PAI guess I did not state that clearly…
If the easement is to run diagonally from say the South line of the SW 1/4 to the West line of the SW 1/4, and the SW1/4 is intact in one ownership, I would Not break down the entire section, just resurvey the South and West lines (assuming that can be done, maybe bonafide original monuments exist)… In that case I could care less where the North and East lines are.
Would that be acceptable to you?
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Peter
Lot or Section it is still half of a survey.
Paul in PA
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Paul
half?
nope, Two Full Surveys!
Full Survey of the West line, and Full Survey of the South line… :good:;-)things are different out here!
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Peter
I would survey the section/lot as needed to locate the easement – break the section if needed, no problem.
If access would be needed over additional property – it should be insured(and included on the ALTA) as well.
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Peter
Paul,
It is very common to provide and ATLA on only a portion of property. I just spent yesterday doing field work for two easements. Section 4 of the 2011 ALTA Standards even mention this. We do this for any property the our railroad clients acquire and on tower surveys. The client wants to be sure that the area they are acquiring in fee simple, easement or lease is not encumbered or at least not have an encumbrance take them by surprise. I may do a full boundary resolution for smaller parent properties. If I do not do a full resolution I do enough to be able to establish the location of the title report exceptions. The ALTA is certified a description I create for said acquisition. I note this in my narrative.
When preparing a lease package for a 100×100 foot tower pad in the middle of a 2,000 acre tree farm, the client really does not need to know the location of every boundary or easement line on the parent property.
John Putnam, PLS
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Peter
:good:
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