While I realize there was already a post on ALTA Standards today I thought I would start a new topic as it is a slightly different question.
Can one properly sign the standard certification (Item 7), or even properly perform a ALTA survey if a Title Commitment is not supplied?
I received a request to prepare an ALTA for a proposed lease area, in order that a Title Commitment could be prepared from the survey. The lease area, which has not been legally defined yet, is approximately 30 acres out of a 300 acre rural parcel.
I've read a few older posts, and it would seem that if the standards, including a Title Commitment, was not part of the survey, then the certification and plan really doesn't relate to the purpose of the ALTA survey.
In addition, the record description contains a number of very old vague parcels, and a number of those parcels have been sold out in the past 30 years.
I can see completing the survey to show what possible encroachments or other issues may be found within the proposed lease area, and even to define the lease area for a legal description, but don't see that I can certify to the ALTA standards if not provided a Title Commitment.
And of course they want it yesterday.
Thanks for your thoughts.
IMHO, NO
My understanding is that the Commitment and the Survey are integral parts of each other.
I think you could do a preliminary plat, not signed, that they could then properly evaluate the title issues. Collaboration with the title company is better than fighting over things that don't matter.
I used to have attorneys around here tell me they wanted to see the survey first so they had an idea of what to look for. Of course we don't have "title houses" around here like some parts of the country do.
It would seem that an option would be to complete your survey on the proposed leasehold via a normal survey. Then after they have the description they can provide you with the title commitment and you can complete the ALTA per standards. A little bit of duplication of efforts, but not really.
I've done leases before and it really goofs things up if the assessor tries to assign a new parcel number, generally after somebody else records it. Or the parties want things changed for a new lease area.
David and Wayne have it right. Do a "regular" survey then go back and address what shows up on the Title Report.
Another bit of advice. Get everything from your client in writing. I have just finished (I think) a couple of ALTA surveys. Client sent the Table A requirements. After the work was done they started asking about items not on the initial Table A. Five revisions later (for which they paid every step of the way) we might be done. Well, until last Friday. Now they want paper copies mailed. The original agreement was for electronic files only. Another change order. I hate to work that way. I talk the PM this afternoon that next time maybe we needed to invest a bit more time on the front end going over not just their "standard" requirements but also everything they will need at the end.
Larry P
I do more than a few ALTA surveys and this happens a lot of the time. I will not get the title back until after our deadline for the survey. My state law (Georgia) requires that I put PRELIMINARY on anything that is not signed, and I won't sign an ALTA survey until I get the full title commitment.
Thanks to everyone for their replies.
