Ron Lang, post: 417603, member: 6445 wrote: You're correct, standards not regulations. I used the wrong vernacular. And I too would rather do ALTA surveys than construction. But my point was that our liability is not limited to the information the title company provides. Just because the title company missed an easement in the search does not limit our liability if we do not catch/show the easement. Ultimately we are the professionals.
I can see obvious things like a power line running through a site, or if there was an indication of an easement shown on a recorded map but not on a Title report, we could be on the hook for this stuff. I've seen plenty of omissions on Title Reports but am just not seeing the definition of a prudent surveyor extending to include a responsibility to thouroughly search the public record to insure a Title Report is complete and correct and especially when it is specifically stated on the face of an ALTA that the easements shown are based on that certain report. But maybe I'm wrong and am all ears to hear about cases where the surveyor was held responsible for a Title Co.'s failure to list an easement recorded in public records.
