ALTA attorneys question "is there anything unusual....."

Tell the attorney to look at your map, the results of the survey should be self-evident.

They are looking to you, to point them to stuff for their attention. They don't want to pour over it for 2 days.

So, tell them, nothing unusual. Everything is there.

Except for the yapping dog next door, and the smell of french perfume, when you went to chase the dog off!

🙂

They will remember you!

N

Finishing a similar thing right now. My advice is to help them by pointing to particular notes to which they might wish to pay attention.

"Take a careful look at Notes 3, 4, 6, 8 and 9. If you have any questions, call me."

Some of the notes are standard stuff to which they will pay little attention. Not in a flood zone, no buildings on the subject tract, etc. Other items are worthy of considerable attention. (This whole place was a platted subdivision back in 1895. Now it is just a big cotton field. Where the streets ever officially closed? Do the neighbors in what remains of the subdivision have any rights to use the previously platted streets?)

Larry P

Tell them the only thing you noticed was the possibility of a toxic waste dump adjacent to the property..."Just like I said in the note on the drawing.."

They'll read every pixel. When they call back, tell them you were thinking about another job and apologize. 😉

> Tell them the only thing you noticed was the possibility of a toxic waste dump adjacent to the property..."Just like I said in the note on the drawing.."
>
> They'll read every pixel. When they call back, tell them you were thinking about another job and apologize. 😉

:good: :good: :good: :good: :good:

my response would be along the lines of, everything we found is shown on the plat, I would be glad to sit down with you and go over anything on the plat which you have any questions about. Larry's response as usual is a good approach too.

I see nothing wrong with a disclaimer of sorts, to point out that you showed everything you could on the plat and it's not your fault if they don't see something that later turns out to be important to them. But having made that disclaimer, why wouldn't you point out any obscurities you notice? I mean they are paying you, a professional @ boundary, to give them a heads up on anything strange you notice. I guess it would be different if some third party were asking you this.

> ...They don't want to pour over it for 2 days.

Sorry, that doesn't cut it

This is an $18M property. The attorney should be expected to actually look at the ALTA survey.

> > ...They don't want to pour over it for 2 days.
>
> Sorry, that doesn't cut it
>
> This is an $18M property. The attorney should be expected to actually look at the ALTA survey.

Hah...You got a point there. It's up to the legal counsel to find legal problems. (however, he might be a bit negligent of he didn't ask the boundary surveyor or any other experts if they noticed anything.)

Sure I could see that. I would just direct his attention to your survey and tell him to pay special attention to the notes and any potential problems you may have alerted him to elsewhere.

I would avoid giving him the same information in the body of an email if it is already noted on the ALTA survey.

Thanks to all for feed back
I went with..
"we didn’t observe any encroachments, access issues or unusual conditions that rise above the level noted in the Certification (basically following the ALTA/NSPS standards). Of course minor physical variations due to normal construction may be present but would be of a scope and nature allowed per the CC&R’s regarding construction practice, and would be impractical to locate and describe in any event"

Let me get this straight....

$18M complex, they probably nit picked my fee to death, and you (Mr. Atty) want to short-cut your duties? Study the damn plat and let me know if you feel I may have missed anything please.

typically if I run across anything too terribly unusual the client gets a call to discuss the matter before the final survey is issued

The only thing I have noted as unusual is "I HAVEN'T SEEN MY *#*$@@$&$% CHECK YET".

Lost arts

The average person cannot read a map. When you have a direct line to an expert in a topic, use that resource.

Take the question as the attorney recognizing expertise and provide the analysis in a professional manner.

Lost arts

When you contact an attorney, they consider that all their time and especially their opinions billable.
Do not hesitate to return the courtesy.
When contacted, give a short answer and let them know that you are very busy and on your way out. Should they have questions, set an appointment in the near future or send correspondence with all their questions.
Give them what they want in a manner that you can charge for your time.
Even though they are asking you questions, they are charging someone for that call.
😉