Received a letter from an attorney addressing an ALTA - HUD survey we performed.
Survey – See the attached mark-up of the surveyor’s certification and revision box on the survey. HUD changed its mind about “all” surveys being submitted under the 2011 ALTA guidelines. If an initial survey was delivered under the 2005 guidelines, they are asking that the final as-built survey also be prepared under the 2005 standards. This is a HUD afterthought after issuing the memo that said all surveys to be prepared under the 2011 ALTA guidelines. You will note that I have marked up the survey to the 2005 guidelines.
We did-not perform the initial survey. This was done by another surveyor prior to construction and used the 2005 standards. We performed our ALTA survey after construction using the 2011 ALTA standards as our survey date is 4/5/2011.
I don't believe that we can or should use the 2005 standards as we never issued a survey when the 2005 standards were still the standard.
Comments ?
I agree. If your survey is not done to the current standards it is not an ALTA.
Andy
The 2005 standards no longer exist.
You performed a survey, under contract, in 2011 under the 2011 ALTA standards. I assume the contract was fulfilled?
This would be a new HUD certification, under a new contract, wouldn't it? Still under 2011 standards.
Scope of Work was outlined in the contract.
Your agreement with the client was to provide a service that was agreed to by you & the client.
You fulfilled your obligations per the contract, to provide a current ALTA Survey.
Now they are changing the scope of work.
Said new scope of work is null.
Should have been in your contract to be enforceable on you.
Here is Question #3 from ALTA FAQ's available on the form section of their website, I think it's self explanatory but its hard getting an attorney to believe that.
QUESTION #3: If a Surveyor began work on a Survey before the effective date of
2/23/2011 or is asked to update information requiring an updated Certification, may the
2005 Standard still be used?
If the work was contracted and began before February 23, 2011, it may be completed under the
2005 standards, but otherwise any survey which is certified or re-certified on or after 2/23/2011
should use the 2011 Standard. Use of the Standard is voluntary, of course, and the Client and
Surveyor may agree to different terms which could include use of the 2005 Standard, but in
such cases the final plat or map could not be labeled an ALTA/ACSM Land Title Survey.
it is Crystal Clear:
"...Use of the Standard is voluntary, of course, and the Client and Surveyor may agree to different terms which could include use of the 2005 Standard, but in such cases the final plat or map could not be labeled an ALTA/ACSM Land Title Survey."
This should convince the attorney. Would you post a link ? I went to he website but could not find this.
Thank you !