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Surveyors Certificate

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 VH
(@vh)
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Does anyone have a .pdf or word document of Surveyors Certificate for First American Title Company? The attorney that I'm dealing with is useless and I cannot find one online that relates to the 2011 standards.

Thanks.

-V

 
Posted : July 30, 2012 7:18 am
(@peter-ehlert)
Posts: 2951
(@a-harris)
Posts: 8761
 

Unless it is an ALTA, everyone gets the same typical worded certification, "Surveyed on the ground by:".

Special worded certifications cost extra.

😉

 
Posted : July 30, 2012 8:05 am
 VH
(@vh)
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It is an ALTA. I wanted to see if First American had a standard form but it seems they do not. The attorney wants me to type up my own certificate and of course certify to everything under the sun.

-V

 
Posted : July 30, 2012 8:28 am
(@jered-mcgrath-pls)
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> It is an ALTA. I wanted to see if First American had a standard form but it seems they do not. The attorney wants me to type up my own certificate and of course certify to everything under the sun.
>
> -V

Unless it has the 2011 ALTA standard cert, mine won't say ALTA. No typing needed, simply, copy paste from the ALTA standards.

Cheers

 
Posted : July 30, 2012 8:32 am
(@terry_jr)
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I have always used the Certification from the the ALTA/ACSM standards and First American has always accepted them. For me its the lending attorney that wants some other certification.

Terry

 
Posted : July 30, 2012 8:38 am
 vern
(@vern)
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From the 2011 standards:

"7. Certification - The plat or map of an ALTA/ACSM Land Title Survey shall bear only the following certification, unaltered, except as may be required pursuant to Section 3.B. above:

To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client):

This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items of Table A thereof. The field work was completed on ___________.

Date of Plat or Map:_____ (Surveyor’s signature, printed name and seal with Registration/License Number) "

Tell the attorney to pound sand.

 
Posted : July 30, 2012 8:50 am
(@jim-in-az)
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:good: :good:

What Vern said - absolutely, unequivocably, NO exceptions.

 
Posted : July 30, 2012 9:05 am
 VH
(@vh)
Posts: 248
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Yup, well aware of all of that. This is a seperate certification aside from the survey. The only cert on my plan is the stadard ALTA one. Title company wants a signed/stamped certificate in addition to the plan.

-V

 
Posted : July 30, 2012 9:05 am
(@stephen-johnson)
Posts: 2342
 

Tell them to read the ALTA standards. An association of which they are a member.

NO additional certification is needed.

SJ

 
Posted : July 30, 2012 9:12 am
(@jim-in-az)
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There is no provision for such a thing...

 
Posted : July 30, 2012 9:13 am
(@a-harris)
Posts: 8761
 

For what reason?

You are not obligated to provide them anything beyond the required survey.

If you feel that you must comply, charge them accordingly (and am thinking of a double the bill amount), because that is beyond the duty you are required to preform and pretty much the same as providing a second survey to another party, the Title Company.

Maybe it is to cross their desk again real soon.

:-S

 
Posted : July 30, 2012 9:27 am
 VH
(@vh)
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I cannot get a real answer from the attorney or the title company. I'm just going to take the 2011 note and put it on a seperate piece of paper and attach it to the survey that already has that note on it.

They may flip out when they get it because it doesnt have all their "extra" crap on it, but oh well.

Thanks for the input.

-V

 
Posted : July 30, 2012 10:02 am
(@norman-oklahoma)
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You owe it to the profession. No non-standard certifications!

Anyway, maybe the lawyer can't produce the certification because it may not exist. Who do you suppose is the biggest dog in the ALTA kennel? First American had more than one seat at the Standards Committee negotiating table.

 
Posted : July 30, 2012 11:03 am
(@cptdent)
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If you will look closely at the extra stuff they want you will see that most of the items are NOT surveyor's issues but rather legal issues the attorney does not want to touch. For example, do they want a certification about encroachments?? You and show fencelines, etc. that cross into your property, but declairing that as an encrachment is a legal issue and not a survey issue. Any statement that goes beyond the georaphy of your parcel or the located poession evidence that you recovered is NOT a survey issue and should be left to the Attorneys. That's why they get the "Big Bucks".

 
Posted : July 30, 2012 11:07 am
(@sicilian-cowboy)
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You should paste this into your bookmarks right away.

http://www.acsm.net/

Click on the "Standards" pull-down.

Your state society should also have a link of some sort.

Just out of curiosity, how long have you been surveying?

 
Posted : July 30, 2012 11:16 am
(@norman-oklahoma)
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They never need these things, other than to quiet some pipsqueak lawyer. And said pipsqueak has not read the standards, or they would not be asking. Leave it off.

 
Posted : July 30, 2012 11:21 am
(@larry-p)
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> I cannot get a real answer from the attorney or the title company. I'm just going to take the 2011 note and put it on a seperate piece of paper and attach it to the survey that already has that note on it.
>
> They may flip out when they get it because it doesnt have all their "extra" crap on it, but oh well.
>
> Thanks for the input.
>
> -V

I always find it helpful to ask a simple question. Why? Why does the attorney want the "extra crap"?

The answer is simple. Their job is to try to shift as much liability away from their client. Shift to anyone willing to take it. In this case they are trying to get you to take the liability.

You do as you wish; but, know the potential consequences of what is done before you do it.

Larry P

 
Posted : July 30, 2012 12:44 pm
(@bruce-small)
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On a side note, sort of, they usually want all this stuff because they are going down a check list but have no idea what it all means.

Example: The building is all odd lines, nothing square, but the specs call for building dimensions, so they want every line dimensioned even though nobody could every use those dimensions for anything.

Example (an actual example, I swear): You showed Table A item 11(b), but we need 11(a). I finally got through to her boss and asked if she really wanted me to remove all of the utility lines and downgrade to 11(a). (No, of course not.)

Example: You say the FEMA maps show the site is in Zone X, but we need to know if it is in a FEMA flood zone.

 
Posted : July 30, 2012 1:18 pm
(@kris-morgan)
Posts: 3876
 

Uh, if it's an ALTA, and you change the certification, it's no longer an ALTA, per their regs, so use the standard in whatever iteration of ALTA you are certifying to. Anything else is hazardous to your license and insurance agent.

 
Posted : July 30, 2012 1:27 pm
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