ALTA survey.... And the older title report

I would definitely ask if they are going to update the commitment report, otherwise you've got a few years of updating to run.

I think that 6 months is the norm, might be only 3 months though.

AFTER they get their title info current, THEN I will do mine and point out any and all errors and omissions. You want an ALTA cert for that?? My survey cannot be stamped and signed without current correct info. Do it all with current (xyears/months old), OK, but expect extra time billed for real time updating.

A one step process costs less than a 2 or more step process.

Since they require a new one for every new finance, change of ownership, etc, I would say if a matter of days have past, things may have happened to affect title. Location and events out of your control vary and IMHO makes it a "You just never really know till you check it out" situation.

UH, actually, the word I have DIRECT from ALTA is that they cannot make anyone do new title work. I too just did a 9 year old ALTA and added notes that showed the current vesting documents NOT being covered in the report and that the only "exception" items that I could address were those listed in Title Insurance Commitment Report Number so-and-so dated such-and such by Big Fool Title Insurance Company.
It is interesting that WE are held to tight standards, but there are none for ALTA members? Besides, what "enforcement" authority does ALTA have? Can they pull your registration? NOPE.
I for one am tired of this one way street. They will get ONLY as good as they give.

the way I really feel...

I'll be damned if I am going to put a survey out the door with a 7 year old title report... they can spend $500 to pay someone to updated it... or pay me $1000 to update it matters not to me. What good is a 7 year old title when the insurer is REQUIRED by the 2011 standards to provide the setbacks, zoning... the @#$%^ing title report??!?!?!

Taken from mid-line 3, page 8 of 10, 2011 ALTA Standards.... "The Surveyor cannot make a certification on the basis of interpretation or opinion of another party."... Does this not include certifying a survey with a 7 year old title report being out of date in my opinion?

My helpers are always trying to find new ways to help and fill out a week and to do things on weather days.

That is when they get introduced to record search. You or I can only go so far to get them introduced to the task and the rest and major part of that training is spent raking their brain and following a chain of thought or name/s that will lead to the document of interest.

My present trainee has accepted that he cannot come back to the office until the records room is locked for the day or he calls and admits he is stumped and the little ladies that dwell in the clerks office are of no help. He came thru a few minutes after five with a deed he could not find among the 20 he was sent for. With that he had run the entire history till that tract had been created.

I get your view of what can they do. Most of the rules that we are to live up to are levered by some that want to do that to make their jobs easier and are office by office rules of what they will or will not accept.

It is good to remind them and our clients when we can that is why we charge what we do for what they are receiving. Good solid surveys with solid references that provide the info we need to restore and locate the monuments and boundaries.

I do not even try to prove who owns the land at present time, cause I reference to deeds that have descriptions and many of today's deeds only refer to another deed that may or may not describe anything, plus, I am not certifying to ownership, that is their job and what they are supposed to provide to us.

😉

No older than 90 days has always been the standard I've used. Most title reports I've seen have had some statement on them that they are only valid for 90 days from date of issue.

Most county planners I have run into require a commitment dated within 30 days of the application. I would use this as a guide if I were signing.

CD

PIN, I love your avatar

Am I wrong, but to perform an ALTA, one is not actually required to have a Title Committment? Granted, that would sure make things a little easier.

The other thing with which I have always had difficulties is the acquisition of sufficient deed work. While I may not need chain of title for the subject tract AND all of the adjoiners, I do require the deeds that created the lines of the property which I am surveying and that may require research back to original grants from the sovereign. This ALWAYS seems to vex the client when I inform them of my needs. But they want an ALTA, so I try to give them what they want.

ALTA survey.... And the older title report>SONOFA

Where do county planners come into the mix here? I'm trying to understand how a county regulation can impact a title insurance requirement?

Are you saying that the Register of Deeds can require a title commitment report prior to recording?

PIN, I love your avatar

An ALTA/ACSM Land Title Survey is based soley on the data in a title insurance committment report. No Title Insurance Commitment Report, no complete ALTA/ACSM survey. They want you to address the Schedule B Part II Exceptions on your plat. That comes from the TICR.
Paragraph 4 of the current ALTA/ACSM Standards states that the surveyor is to be provided with " the most recent title commitment" whish is the Title Insurance Commitment Report. Thst's " Title Commitment", not "Title Report" or "Title Abstract".
That same Paragraph 4 now states that the surveyor is to be provided with "the current record descriptions of all adjoiners" and ALL easements benefitting or burdening the subject property. A lot of people have not read that part yet. They get kinda testy when I point that out to them.