I have never heard of this so I'm looking for your insight. ALTA survey of a large apartment site. The client provided a zoning report so I certified to 1, 2, 3, 4, 6(a), 7(a), 7(b)(1), 7c, 8, 9, 11(a), 13, 16, 17, and 18. The title company insists that my survey is deficient because it didn't include 5 (elevations and contours) and they need that in order to provide zoning coverage.?ÿ For the life of me I can't comprehend this. What say you??ÿ
Did you receive a completed Table A checklist that did not include optional item 5??ÿ There is no reason they need it to provide zoning coverage.?ÿ The property is zoned what it is zoned as.?ÿ Perhaps what they are calling zoning coverage was actually meant to be impervious coverage??ÿ Either way, topo is not needed for either.?ÿ
Mystery to me why title companies hire and refuse to train employees so that they understand their own business interests correctly.
The requirement for Table A item 5 came from one of the minor title companies never known for their expertise. Neither the client nor the lender required it. I had a response from both of the large title companies in town and they have never heard of this requirement with respect to zoning coverage.
So, I went to the City of Tucson site and downloaded their nearest benchmarks, by coincidence on the curbs across the street from the northwest and the northeast corner of the site, then added those elevations to my ALTA survey, giving me elevations (plural). Then I went to the Pima County site, downloaded their 2' contours for the site and streets, and added that to my ALTA survey. Then I added notes explaining what I did, and added item 5 to the certification. Useless information for checking zoning coverage, but allowing the title officer to check that box.
Utter nonsense, and I hate playing games, but there you have it.
?ÿ
Do they need to elevations to determine average grades around the buildings??ÿ Plenty of zoning around here requires elevation data to check compliance.?ÿ
Judging by the Table A items you listed this is not a HUD survey. That was my only thought, maybe he generally does HUD projects (which can require contours and some spot grades) and is confused
The requirement for Table A item 5 came from one of the minor title companies never known for their expertise. Neither the client nor the lender required it.
It's 2021, tell the Title Company that their role in a modern commercial real estate transaction is to dance when the Lender's Counsel says to dance and nothing more.?ÿ They need to go back to the children's table and be quiet because the adults are having a discussion.?ÿ ?ÿ[sarcasm (sort of) off]
As I expected, the title officer promptly accepted my survey once she saw that #5 was now in the certification, meaning, she just wanted to check off that box. Irritating, it is, when the sole purpose of the exercise is so someone somewhere can put a check mark in the box.
Interesting exchange with the paralegal now checking my survey for the lender. She wanted to know why I show contours on the site. I gave her an earful on the title company.
I gave her an earful on the title company.
🙂 I bet you did.
Brad, thanks for pointing me to this thread.?ÿ I posted?ÿ questions about Item 5 Table A on another thread.?ÿ Not sure why this (vertical relief) is now being required.?ÿ Wonder who held a recent seminar for title persons and lenders on this issue
