I'm just a dumb redneck... I can't for the life of me figure out why we are performing an ALTA survey of a detention pond lot that is 95% in the flood zone. Anybody have a guess?
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
LOL
Mine is not to wonder why, Mine is but to do or die.
Come on you can’t be any dumber or any less rednecked than me. Some good ole boy who made more money than he knows what to do with running shine figured you would see those bull frogs and he could trade the shine business for frog legs. So make sure you size them up and locate all those jumpers for the frying pan ya know they are selling credits probably so a developer can buy those credits to make a subdivision or commercial site somewhere else and wants to buy credits on some other parcel. We rob Peter to pay Paul the system seems good but is nothing more than the passing of the hand.
The lending agency may want to know if there are encroachments within the floodplain. The title agency will also have interest in the floodplain so they can add this information to the title commitment and endorsements.
Typically detention systems are located outside a flood zone to mitigate stormwater discharge and reduce flooding. In my area detention systems in floodplain are not permitted.
I wouldn’t hesitate to reach out to the client and find out why.
My spidey sense says tread carefully. Probably it's simply a request cause someone is conditioned to request an ALTA survey for all their work. But as always ALTAs are a transfer of liability document from lenders/sellers/buyers to surveyors.
Be very careful what you certify. The detention pond may have changed the floodplain, you can't sign off on the location of the floodplain if that happened. There may be penalties associated with such an action and you won't want to be involved with that. I would have a sit down with the lender/attorney/title company, whoever requested this and ask why.
For me unless it's someone I work with often it's a no thanks.
A large number of my design clients request ALTA surveys when what the really want is a pre-design base map with boundary and record encumbrances shown. I can understand the request when financing is involved, but other than that I let them know they will be paying a hefty surcharge to get the ALTA certification.
If there's a lender involved, chances are they will want to be named in the certification. If there is no lender, the question is what party requested the ALTA, and what specifically they want it to contain.
A lender will often have a specific set of survey requirements, and they may have a certification of their own that they will want signed. That might be the case even though the ALTA Requirements include a certification and say that nothing else should be used.
I would certainly ask those questions. It sometimes takes several days and multiple phone calls to get an answer. It might help if you say you need this information in order to complete the survey.
Many lenders believe their individual take on an ALTA survey is some kind of industry standard, which is far from true. I have learned never to give a proposal for an ALTA without knowing what the lender's requirements are, and addressing any liability traps they might contain.
To ensure there are no easements over the subject area.
To ensure there are no easements over the subject area.
There may be reasons for a surveyor to do some work, to look into the situation. But that doesn't need to blow up into an ALTA Survey. That is killing flies with a sledge hammer.
For the record, while this thread has been active, I've successfully (so far) deflected a request for an ALTA Survey that I think unnecessary. I've had a good look at the survey records and title report and I'll be doing a boundary survey and topographic mapping. But not an ALTA.
To ensure there are no easements over the subject area.
There may be reasons for a surveyor to do some work, to look into the situation. But that doesn't need to blow up into an ALTA Survey. That is killing flies with a sledge hammer.
For the record, while this thread has been active, I've successfully (so far) deflected a request for an ALTA Survey that I think unnecessary. I've had a good look at the survey records and title report and I'll be doing a boundary survey and topographic mapping. But not an ALTA.
+1000%
But that doesn't need to blow up into an ALTA Survey. That is killing flies with a sledge hammer.
When you need to provide an ALTA survey:
1. When the title insurer wants one to delete the Survey Exception or issue an endorsement to the Loan Policy effectively deleting the Survey Exception.
2. When someone involved in the commercial real estate transaction process wants a standardized survey product** in order to make an informed decision as to their actions in that process (the lender or their legal representative)
3. When someone is willing to pay for it. The surveyor doesn't always know what the client's future plans are. It may "seem" that they just need a boundary & topo; but if they plan to develop or finance the property with a commercial loan it can make sense to perform the initial survey to the ALTA standards to avoid reinventing the wheel down the road.
I've never understood the fear of additional liability with an ALTA survey. I'm in the business of selling my liability; I just want to make sure I am monetarily compensated at least equal to, or preferably greater than, the liability risk I take on.
** FWIW - The origin of the ALTA Survey Minimum Standards in 1962 derived from the inability of surveyors at the time to give clients a survey with the information the clients needed to use the survey in making their business decisions; but rather gave the client what each individual surveyor believed the client really needed. Had they listened to their clients and had frank discussions about the needs, expectations, and requirements of the individual project, and tailored the scope of their work to those client needs, a national organization representing a class of clients wouldn't have had the need to work with ACSM to create a checklist for surveyors to follow.
ALTA Survey Minimum Standards in 1962
The 1962 A(L)TA Standard was 4 pages long. 2021 is 11 pages. One more example of the perfect becoming the enemy of the good.