Sorry if these are dumb questions, I dont have much experience with ALTA's or PLSS states (started in Texas). Anyway I am currently on an ALTA project in New Mexico, this is to lease land and not to convey it.
Let's pretend Item 1 from Table A is not checked, so they're not requesting for me to set monuments. The standards for boundary surveying in New Mexico require me to set monuments at all corners of the tract I am surveying, which would conflict with Item 1 being unchecked. Would I still be on the hook for setting monuments to avoid breaking rules?
Now if Item 1 was checked... Item 1 says to set monuments at corners unless already marked or referenced by existing monuments. I assume calculated interior and exterior 16th corners are considered as referenced?
The way it's been explained to me, ALTA's arent always recognized as boundary surveys, so Im just trying to wrap my head around what's going on.
Thanks
Clients will leave Item 1 unchecked because they think that it will save them money - and it can in areas where a boundary survey does not automatically trigger monumenting of the corners, such as here in WA.
But it is still a boundary survey, at least according to the 2016 ALTA/NSPS standards:
(Section 3, paragraph B) Boundary Resolution - The boundary lines and corners of any property being surveyed as part of an ALTA/NSPS Land Title Survey shall be established and/or retraced in accordance with appropriate boundary law principles governed by the set of facts and evidence found in the course of performing the research and fieldwork.
Once you establish or retrace boundaries, most if not all states are going to call it a boundary survey. It would probably be a tough sell with the NM board to claim that measured boundary lines on a survey map are anything other than a survey - even if the client doesn't ask you to set corner monuments, or if it is just for a lease.
It's true that some ALTAs are simply a pro forma item to get checked off the list. Some of our clients just send it to one reviewer who looks at it, says "Yep, that's the parcel all right" and then chucks it in the trash. But by state standards it's still a boundary survey and must be treated as such.
Is it really true that if you "survey" a property in NM you must set the corners?
Sorry if these are dumb questions, I dont have much experience with ALTA's or PLSS states (started in Texas). Anyway I am currently on an ALTA project in New Mexico, this is to lease land and not to convey it.
Let's pretend Item 1 from Table A is not checked, so they're not requesting for me to set monuments. The standards for boundary surveying in New Mexico require me to set monuments at all corners of the tract I am surveying, which would conflict with Item 1 being unchecked. Would I still be on the hook for setting monuments to avoid breaking rules?
Now if Item 1 was checked... Item 1 says to set monuments at corners unless already marked or referenced by existing monuments. I assume calculated interior and exterior 16th corners are considered as referenced?
The way it's been explained to me, ALTA's arent always recognized as boundary surveys, so Im just trying to wrap my head around what's going on.
Thanks
Whom ever informed you ALTA Survey's aren't a boundary survey misinformed you, I'd strongly suggest reading the 11 pages the standards consist of and formulate your own opinion.?ÿ
Pertaining to your question regarding to Table A Item 1, the standards specifically state that state standards supersede the ALTA standards, see section 3 (b).?ÿ?ÿ
@pls9196?ÿ@Rover83?ÿThanks for the word guys, I guess Im not going crazy yet. Yeah I remember reading that in the standards, thats why I thought it's bizarre people are telling me it's alright to skip it because "it's a national standard, not state" and such. I guess they want me to cut corners to save us a trip
I think NM is the State that requires you to tag a monument if you accept so a rebar might have 20 tags on it. My co-worker Jeff is licensed in NM.
Generally the more strict rule applies. If, for example, the State standard is 1/2? minimum but the Client standard is 1? minimum then you set 1?. The opposite applies too.
Agreed. I was taught to meet all standards that you are required to meet. If you sign that ALTA contract, or any project contract, you are bound to those standards, but as a licensee you are also bound to state standards. If the state requires us to set monuments, even though the ALTA doesn't require it, we still have to set them.
Around here the most common occurrence is for an ALTA to trigger a record of survey. We just tell the client it's required by law, reassure them that it's a good thing and doesn't take much extra time (converting an ALTA to an ROS is fast) and just pass through the recording fees. They usually appreciate the explanation and are almost always OK with the (usually minimal) extra charges, especially once they understand that no matter who they ask for an ALTA, the response will be the same.
And then there is the "ALTA survey" I came across last week where he certified to optional Table A item 1 (monuments) but all five corners in the parking lot are "found magnetic signal' and the two north monuments along the road are "searched, found nothing, set nothing." The drawing is an unrectified aerial with zero building ties.?ÿ
Yes, I turned him in. He is not a rookie.
That sounds a little like one I missed out on nearly 30 years ago.?ÿ My suggested cost was acceptable but I needed a 10-day window to fit it in and get it done.?ÿ Lost out to a firm that said they would finish "day after tomorrow".?ÿ I bet they didn't.?ÿ Screwy legal and tons of detail.
