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Excerpt from Survey Proposal
This is an excerpt from an email for an ALTA I just sent off.
I regret that I cannot agree to sign the specified special certification (Specification 21) for the following reasons:
B. A surveyor is not qualified to judge what permits or easements may be required. Often times certain businesses do require special permits to discharge the byproducts of their operations into city wastewater and storm water facilities. I cannot certify to Item B, as written.
C, D. & E. I can only certify with regards to easements and restrictions listed in the title report. Unwritten or unrecorded easements may exist which I could have no knowledge of. Therefore I cannot certify to items C, D, & E as written.
J. This item asks me to state setbacks and other provisions per city zoning. In Tulsa, as in all major cities, zoning restrictions are rarely if ever stated in simple terms. They are normally the subject of complicated formulas and negotiations that are outside the expertise of Land Surveyors. The ALTA/NSPS specifications recognize that it is an unfair burden on the surveyor to determine these, and states that zoning restrictions is to be shown as supplied by the title company. As such, I cannot certify to Item J.
K. I cannot know what the “reasonable needs of current or proposed use” might be. Therefore, I cannot certify to item K.
L. It would be outside of a surveyor’s area of expertise to judge what might be “adequate quantities” of water supply, sanitary water, sanitary sewer, storm drainage, electricity, gas and other utilities. Therefore, I cannot certify to Item L.
M. I could only certify to show those easements that are listed in the title report, and then only to show those that are locatable. I could not certify that persons unknown are not holding unrecorded documents granting them easement rights. Further, I could not certify that there were no underground utilities – not visible at surface – that would nonetheless represent prescriptive easement rights when later discovered. Therefore, I cannot certify to Item M without significant alterations.
N. The property may very well be in a flood plain. I cannot agree in advance to certify that it isn’t.
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