We have a request for a pretty typical ALTA. I've been supplied the commitment and the Table A. They have also requested some additional notes. I thought this had gone the way of the dinosaur but I guess not. Most of the notes seem to just annotate the Table A requirements which is what I generally do anyways. A few make me queasy. What do you all think?
ADDITIONALNOTES TO BE INCLUDED ON SURVEY:
The survey and the information, courses and distances shown thereon are accurate. I don't like this. Notes 2 & 9 should suffice.
The record description of the subject property forms a mathematically closed figure. [IF NOT, SO STATE.] No problem.
The survey accurately shows the location of all buildings, visible structures and other visible improvements situated on the Premises. I don't like accurately but not not a game breaker.
The number of striped parking spaces located on the Premises is ____________, and, to the extent possible, are graphically shown hereon. No problem
All set back, side yard and rear yard lines shown on the recorded plat or set forth in the applicable zoning ordinance are shown on the survey. No problem
Except as shown, there are no apparent encroachments onto adjoining premises, streets, alleys or easement areas by any buildings, structures or other improvements, and no encroachments onto the Premises by buildings, structures or other improvements situated on adjoining premises. Include a table of significant observations. No problem
All utilities serving the Premises enter through adjoining public streets and/or easements of record and are shown on the survey. Big problem
Except as shown, there are no visible or apparent easements or rights of way across the Premises.No way. No.9 will have to suffice.
The property described hereon is the same as the property described in [___________ Title Insurance Company] Commitment No. _______ with an effective date of ___________ __, 202__ and that all easements, covenants and restrictions referenced in said title insurance commitment, or easements which the undersigned has been advised or has knowledge, have been listed and plotted hereon or otherwise noted as to their effect on the subject property. No problem
The survey shows the location of all visible storm drainage appurtenances for the collection and disposal of all roof and surface drainage.No problem "visible"
Any discharge into streams, rivers or other conveyance system is shown on the survey. No way in hell
The Premises has direct physical access to ________________, a dedicated public street or highway. OR indirect access to ___________________, a dedicated public street or highway, by way of the [Access Agreement] recorded in ___________________. No problem
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Professional Liability Insurance Policy is obtained by the Surveyor in the minimum amount of $2,000,000 in the aggregate or more. The certificate of insurance to be furnished to the client.No problem
Except as shown, there is no visible evidence of construction, building additions or earth moving work. [IF NOT, SO STATE.]No problem
There is no visible evidence of use of premises as a solid waste dump, sump or sanitary landfill. [IF NOT, SO STATE.]No problem
There is no evidence of wetlands observed. [IF NOT, SO STATE.] Not a problem with language change.
There is no visible evidence of cemeteries or burial grounds found. [IF NOT, SO STATE.]No problem
The surveyor has no knowledge of any proposed street widening.?ÿ [IF NOT, SO STATE.]No problem
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The street address of the subject property is ______________________.No problem
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The parcels are contiguous without any gaps or gores (if applicable).No problem
Sigh.....Attorneys have got to eat, too, I guess.?ÿ Most of that is just a rewording of the ALTA standards, as you say. But knowing that I am going to be dealing with an attorney who feels the need to reword the ALTA standards would be enough to give me pause.?ÿ?ÿ
I think attorney's item 8 is part of the ALTA standard. Item 7 could be made doable by appending the phrase "observed or marked by one-call" to "All utilities".?ÿ Still, you know that you are dealing with an attorney with a very high opinion of him/herself.?ÿ ?ÿ?ÿ
Provide your standard deliverable for an ALTA for the fee you quoted, and see if the attorney comments.
Any reiterations of the Minimal Standard Detail should be compensated accordingly.?ÿ For these additional notes/certifications, I'd say OK, but the fee just increased by 33% of the original quote.
Can you make the claim/argument that if you certify to those extra items that this is no longer technically an ALTA/NSPS Land Title Survey, and also then and therefore no longer protected as such by your professional liability insurance policy, or at least make the claim that you are not sure about these questions?
This article was distributed by a TN surveyor, through the Tennessee Association of Professional Surveyors, after he was asked to add notes & certifications on an ALTA he was commissioned to complete.?ÿ This may help you make a decision.
Item 7 of the Standard Detail Requirements prohibits additional certifications. If I need clarifying notes I'll add them. Being told they are required is a demand for certification. Not gonna happen.
Item 7 of the Standard Detail Requirements prohibits additional certifications. If I need clarifying notes I'll add them. Being told they are required is a demand for certification. Not gonna happen.
That's exactly what we do, send them the standards with that section highlighted and an email body to the effect of "if you don't like it, feel free to go find another surveyor".
OK #16 Have you been trained in identifying wetlands? If not you open yourself up to liability and you have no defense when someone else claims there are wetlands. How can you say there is no evidence when you haven't been trained to evaluate the evidence??ÿ . That is a ludicrous request of a surveyor. I would view his other requests in the same vein.
I would be willing to say there is no evidence of wetlands having been marked on the property at the time of the survey
Take whatever liability you want considering the compensation being provided for it. I would be tempted to tell them to pound sand.
The same with #7. I find it insulting that someone wants to make me responsible for something which I can not know. He's an attorney, he knows you can't know what utilities might exist underground, yet he tries to put you on the hook none the less. That gives me enough reason to reject all of his requests.
Item 7 of the Standard Detail Requirements prohibits additional certifications.
Item 7 precludes putting additional certifications on the plat.?ÿ Table A Item 20 is, literally, a blank slate for additional certifications separate from the plat.?ÿ
An approach I have used is to state that I would have to have my attorney review the additional certification before agreeing to sign it, and for that I will need a contract, and costs covered, plus. The lender's attorney knows full well that my attorney will refuse to allow me to sign any such P.O.S., for good reason.?ÿ At that point either the certification or the job itself goes away.?ÿ
There may be some circumstances where an additional certification is legitimate, but mostly these are attempts by an attorney make themselves look valuable by unfairly victimizing the surveyor.?ÿ ?ÿ
This article was distributed by a TN surveyor, through the Tennessee Association of Professional Surveyors, after he was asked to add notes & certifications on an ALTA he was commissioned to complete.?ÿ This may help you make a decision.
