ALTA Survey question

Looks like all of the liability would be on the title agent. If he doesn't except anything then they are, in essense, insuring against everything.

What state is this in?
There's no federal mandate to use the ALTA standards which gives each state specific rights to enforce their regulations.

Property owner is the USA, in the State of New Hampshire.

The new ALTA specs state that State Regs rule if they are more stringent than the ALTA specs. You can do an ALTA survey with no Table A items and adhere to state regs with no problem. If the Agent is not listing a Schedule B, Section 2, Exceptions list, then that is their problem.
The ALTA specs are going crazy latelt and the agents are pulling all sorts of screwey deals. The specs changed to the fact that the agent has to provide you with the "most current" title insurance inspection report. Thus I am doing an ALTA survey whose most current ALTA repodt was done 9 years ago, so they are basding evewrything off of that report and putting today's date on their report. They are upset that I note, in bold text, that the current vesting documents are not addressed in the title report that I was provided. There are just some things they will have to learn to live with.
Why is it that ALTA goes into great detail about their having to rely on the accuracy of our work and they go VERY specific on what we must do in order to perform such a survey, yet there is NO list of requirements in detail as to what THEY must do?

> Why is it that ALTA goes into great detail about their having to rely on the accuracy of our work and they go VERY specific on what we must do in order to perform such a survey, yet there is NO list of requirements in detail as to what THEY must do?

It's an ALTA doc designed to shift risk to others, like us. Yeah, if you pay dues to ACSM, this is what you get. If they had any input at all that was followed, I don't see it.

If it was a real joint effort, there would be a sea change in that liabilities would fall upon the proper parties. Boy, the proper parties surely wouldn't like that.

My understanding is that ACSM is no more. They were taken over by NSPS.

> My understanding is that ACSM is no more. They were taken over by NSPS.

Potential for improvement, as yet undemonstrated.

Much is in the works. Any new organisation takes awhile to get started and running good. Give them a little time to iron out this huge mess.

Indeed, only time will tell if surveyors et large will take control of all the interlopers making their way around perogotives necessary to improvement.

In MA we are supposed to research everything ourselves along with 'trusting' the lawyers.

6.04:
Title Insurance Surveys
(1)
Procedural Standards.
(a)
Research and Investigation. The surveyor shall:
1.
Obtain a legal description of the property to be surveyed as well as a legal description of abutting properties. A title report shall be obtained by the surveyor from the client if available.
2.
Obtain copies of recorded documents affecting the survey.
3.
Obtain from utility companies, public offices and Land Court, copies of available plans, documents and field notes affecting the survey.
4.
Obtain from known private sources available copies of data affecting the survey.
5.
Obtain copies of the applicable zoning by-laws that govern in the area in which the property is located.

I can list the defects we have presented to lawyers. I've been confused when I've been asked to do an ALTA on Land Courted Property (Registered Land). I'll do it, but they don't seem to understand that most of what title insurance protects is already decreed by the Court...

Is it possible that as the owner is the USA that the risk of adverse posession and prescriptive rights do not apply? The ALTA policy (generally) insures against claims against title that could not ripen in this case as I understand it.

It's a bad idea to post when you just got home from the bar.. 😉

But I fully agree with your sentiments. 🙂