Can an ALTA/ACSM Land Title Survey be completed without setting or rehabilitating property corners or section corners and still meet state statutes and board rules?
What is your interpretation of state statutes and board rules concerning ALTA surveys?
read your ALTA standards - NO is the answer
set your pins
> Can an ALTA/ACSM Land Title Survey be completed without setting or rehabilitating property corners or section corners and still meet state statutes and board rules?
> What is your interpretation of state statutes and board rules concerning ALTA surveys?
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http://www.dora.state.co.us/aes/AdoptedRulesClean.pdf
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6.12 Monumentation of ALTA/ACSM Land Title Surveys. It is the Board’s interpretation that the Minimum Standard Detail requirements for ALTA/ACSM Land Title Surveys cannot be met without all monuments being found or set, even if item 1 of Table A Optional Survey Responsibilities and Specification is not requested. The ALTA/ACSM Land Title Survey is considered by the Board to be a monumented land survey and a land survey plat shall be deposited if required by section 38-51-107, C.R.S.
The ALTA standards are subservient to the state standards. If your state will allow you to perform a survey without setting corners, then you're fine. You can't do that in Tennessee.
> read your ALTA standards - NO is the answer
"No" might be the answer on Colorado -- I'm not familiar with CO's requirements -- but the ALTA standard doesn't require setting monuments unless Table A Item 1 is checked.
I don't do a lot of ALTAs anymore, but have done many here in CA without setting anything and without violating statutes or the standard of practice.
Edit: Lots of 15:04 responses!
I set my pins on my ALTAs. The low bidder on another survey didn't. That's why I'm asking. He didn't certify to Item 1 and his certification is something other than in the ALTA requirements. But the plat has ALTA...,ALTA.... ALTA... all over it.
It's a crappy map.
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BTW - The short answer is no
Also, If you don't believe me - Just ask the LS whose license was placed on probation for 2 years for preparing an ALTA survey that did not meet state rules.
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6th has it right--
comon now what credibility would any survey have if all monuments were not found, accepted or set--answer is ZERO CREDIBILITY--would you invest one dime in any property that is not defined--sheeez--there are always those that have tried to weaken standards and essentially give nothing for their fees, take on no liability and remain predators on the public and business at large--isn't that the reason states went to licensing in the first place??
Guess they fee if they can gut the constitution and get away with it then gutting licensing requirements should be small potatos----tdd
Your link is to a file that goes into effect Jan 2011. It's currently 60.4 of the revised policies of 8/8/08.
But thanks 6th, I had to vent.
Keith ----- Really?
Really?
You're going to bust my chops over that?
Come on man--
I guess I was 2 weeks early.
Fact remains that the Colorado BOR made this ruling concerning Item 1 of the ALTA Specs YEARS AGO!!
More importantly,
the Colorado Board is becoming more aggressive towards enforcement and strict in the punishment towards violators. Ignorance is no longer being tolerated.
Keith ----- Really?
Sorry 6th. Again, thanks for your input.
