Notes For Exceptions on ALTA Surveys
I recently had a discussion about the “surveyors exception” for ALTA surveys. The discussion went very well, but it started to go off on some interesting tangents. I responded to a question from cptdent about notes for the exceptions, it was buried within the discussion and I don’t know if anyone saw my response. So I figured I’d start a new discussion since it is an important question. (There were a couple of other responses to cptdent’s question, but they did not answer it directly.)
The original question from cptdent: “Can anyone direct me to the page and paragraph in the ALTA specs where it says the surveyor MUST make a determination of the effect of the items listed in Schedule B – Exceptions, much less that the surveyor is required to put that in writing on the plat?”
Here was my reply:
Here’s the way I read it from the 2011 Minimum Standard Detail Requirements For ALTA/ACSM Land Title Surveys. Part 6 C i & ii address this I believe.C is for: Easements, Servitudes, Rights of Way, Access and Record Documents.
Under C, i is for: “The width and recording information of all plottable rights of way, easements and servitudes burdening and benefitting the property surveyed, as evidenced by Record Documents which have been provided to the surveyor.”
Under C, ii is for: “A note regarding any right of way, easement or servitude evidenced by a Record Document which has been provided to the surveyor (a) the location of which cannot be determined from the record document, or (b) of which there was no observed evidence at the time of the survey, or (c) that is a blanket easement, or (d) that is not on, or does not touch, the surveyed property, or (e) that limits access to an otherwise abutting right of way, or (f) in cases where the surveyed property is composed of multiple parcels, which of such parcels the various rights of way, easements, and servitudes cross.”
So it seems to me that part i is for items that can be plotted and part ii is for items that cannot be plotted, but still require a note. The way I read that, is that basically any “right of way, easement or servitude” requires it to be plotted OR a note explaining why it cannot be plotted. For exceptions that reference a deed, but do not have anything to do with a “right of way, easement or servitude”, I like to state, “Not Survey Related”. All other exceptions that don’t reference a deed, such as the “surveyor’s exception”, taxes due, etc. can thus just be left blank, as many have already stated (in the previous thread about the “surveyors exception.”)
The big question then is, what kind of note is required?
For instance, are we required to say if it affects the property? Are we required to explain why it cannot be plotted? Easements and right of ways are usually fairly straight forward, it’s the servitude’s that we, as surveyors, may not be qualified to interpret. (Servitude: a device that ties rights and obligations to ownership or possession of land so that they run with the land to successive owners and occupiers.)What are your thoughts on what the note must say?
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