Charles & Jim
Steve:
RE: 5c
"Observable evidence of private roads shall be so indicated".
I would say this covers driveways, travelways through parking lots that has an access/exit in one location and an access/exit at another location and even a two track trail road on or across the site.
> "My question is about on-site driveways. Requirement 5(j)says "driveways, alleys and other ways of access on or crossing the property must be shown" Does that mean interior driveways or ways of access that cross the property to other properties?"
The main body of the ALTA requirements is focused on depicting all evidence of title (constructive occupation, actual occupation, and legal right to occupy) and easement rights (third-party occupation). Table A parking requirements (as well as most of the Table A items) deal with property interests (regulatory impacts). Parking stalls is a factor involved in zoning requirements (a regulatory interest).
5(j) is asking for easements, not asphalt surfaces that could be driven or parked on by the owner.
Charles & Jim
Steve:
5j pretty much answers your question also and does not designate or relate to easements or asphalt as JB stated.
Steven : JBS
Steven ..
Cook a contract up spelling out what will be shown and just go with that.
JBS..
Nice clarification of the 5J issue...
Thnx
JBS & PP
Good answers. That's what I always thought ALTA's were for, title issues and compliance issues if that's what the client is interested in. Sometimes if they check all the boxes on Table A, they're looking for an as-built for some development purposes. In the case of a fully developed apartment complex, I don't see why they'd want that.
Next question: Two of these sites are condos. Do I have to get into individual unit descriptions if they don't specifically ask for it?
Steven
> Next question: Two of these sites are condos. Do I have to get into individual unit descriptions if they don't specifically ask for it?
If you mean just labeling each unit designation as it appears on the condo map I would say just do it. It should not take that long and it dresses up the bare bones alta.
Townhomes or complex units?
If townhomes, label each unit. If complex units label the range in the complex.
JBS & PP
> Next question: Two of these sites are condos. Do I have to get into individual unit descriptions if they don't specifically ask for it?
I guess I'd need some clarification of "get into individual unit descriptions" means. Condo's are three-dimensional units described typically as "units" (ie: Unit 1, Unit 2, etc.) An ALTA on a condo as I've typically prepared them shows the site with all the common area improvements and easements with only the building footprint. I then label the unit numbers on each building as "Units 1 - 10" or such. I suppose you should walk the halls to confirm that the building does in fact have the 10 units in substantial conformance with the condo plan, but their specific dimensions are irrelevant. According to Condo statutes, the units are wall-to-wall and floor-to-ceiling. There's no "description" to "get into."
> The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof.
I guess, I'd choose (1) and leave it at that.
JBS
okay- i'll bite
I assume, that you are doing the ALTA FOR THE CONDO ASSOCIATION. You need to find out what parcels are being involved in the finanace transaction. The parcel boundary of concern will usually the exterior (in many cases lot 1 of Tract xxxx). It could be some of the units as well as common space. The description ought to be straight forward, by reference to CC&R's unit air space diagrams and the parcel or tract map. Just more moving parts....
Are the driveways or other areas marked with plaques per Civil Code 1008. If they are marked then the owners expect that the public will use the private driveways, but the owners do not want anyone to claim the use of that access as a public easement. I would suggest to be on the safe side and notation ought to be made to show that there is a potential for easement rights.....via the public cutting across the private driveways...
No use by any person or persons, no matter how long
continued, of any land, shall ever ripen into an easement by
prescription, if the owner of such property posts at each entrance to
the property or at intervals of not more than 200 feet along the
boundary a sign reading substantially as follows: "Right to pass by
permission, and subject to control, of owner: Section 1008, Civil
Code."
