Can you perform an ALTA survey on a portion of an existing parcel?
GusKeane, post: 353426, member: 6078 wrote: Can you perform an ALTA survey on a portion of an existing parcel?
I have on leases.
You perform an ALTA on whatever property the title report describes. It isn't always a lot the tax assessor recognizes.
Yes. Usually the PTR is called a Pro Forma and usually I was the one that provided the description to the title company.
Yes
A few years back I surveyed a 185 acre site and 78 acres was an industrial food processing site with containment ponds that was practically clear of vegetation and the remaining acreage was dense forest that was 10% ridge a moderate sideslope that turned into two steep hillsides plunging 70 feet to a creek. The forest area would have taken forever to topo for 1ft contour.
The forest was exempted from the ALTA.
We have a client that builds stores all over KY & TN that requires an ALTA for each project. At least half the time the property being purchased is only a portion of the parent tract. In these situations, we provide a legal description after our survey is completed for the portion of the property being purchased. The title attorneys then provide a title commitment which references the property described in our legal, in return, we furnish an ALTA survey.
So, do you survey the entire parent tract, or just the portion that is being purchased?
Only that being purchased in most cases. For example, a three-acre tract to be cut from a full quarter section. You may only need one side of the parent tract to be located in order to set the remaining corners. In many jurisdictions there would not be a requirement to locate all corners of the parent tract.
Thanks! Very helpful.
Yes you can. You just need to prepare a description covering the area you are certifying to. The fun part come in going through the title report exceptions and gleaning out those at affect the subject property. Cell towers in large shopping mall are my favorite.
Hey Adam,
I'm working on Table A from the client. See the title commitment attached. This one is expired, but we are holding off on refreshing so that it carries us through construction. We are confident that there will not be any changes.
Best,
Just got this email from a client. I did a large boundary survey a week short of a year ago. Now they are requesting an ALTA, I asked for the udated documents and this is what I get, an expired commitment. My thoughts are I should not sign an ALTA based on an expired commitment. What say ya'll?
The prudent thing to do is to demand a current title commitment. Otherwise, you are not providing a usable service.
Holy Cow, What is the duration of a title commitment? I was thinking 6 months. This one in particular is dated 3/15/15.
I just checked this out with my next door neighbor who has been working in the title business for over 15 years. She said the standard term is six months, however, the client can request an extension so long as nothing would change. The key there is rechecking to be certain that nothing has happened.
So (had to do it to upset the anti-so contingent), a call to the issuing title firm would be in order prior to simply assuming the commitment is no longer valid.
I did an ALTA survey over a 150' x 600' portion of a larger parcel. The title report covered the entire parent parcel, but we noted on the map that "at the request of the owner, client, and title company, the survey only shows the east 150 feet of the north 600 feet of the parcel". The whole point for the ALTA was so that the adjoining land owner could purchase that 150x600 foot area (via Lot Line Adjustment) to expand their commercial operations.
From the 2011 and 2016 ALTA standards....
6. B. v. The remainder of any recorded lot or existing parcel, when the surveyed property is composed of only a portion of such lot or parcel, shall be graphically depicted. Such remainder does not need to be included as part of the actual survey, except to the extent necessary to locate the lines and corners of the surveyed property, and it need not be fully dimensioned or drawn at the same scale as the surveyed property.
