Getting the request to state that there are no Encroachments on an ALTA again. I remember somewhere on this thing called the world wide web, seeing a FAQ page that addressed a lot of ALTA questions. I was hoping to find it, so I googled it but to no avail. I want to send a link over to lenders council. Anybody remember where that is?
My reading of the standard does not require a surveyor to make a blanket statement that there are no encroachments. I read the standard as stating that a surveyor shall note "potential encroachments" that they discover in the course of the survey.
Determining if something is an encroachment is a question of law. Agreements and licenses may exist for "potential encroachments" that are beyond the reach of a surveyor. If you found something questionable bring attention to it on the face of your survey and give your client a heads up.
The ALTA standards require us to locate evidence of possible encroachments "...WITHOUT OFFERING AN OPINION..." regarding ownership, etc. I would say 'sorry, I can't' and provide the citation from the standards.
I typed in "ALTA" and "FAQ" in the search engine, and found it pretty quickly. It was in this thread:
[msg]64028[/msg]
and this was the link shown:
http://www.californiasurveyors.org/clsaforum/showthread.php?t=3870
That link is unavailable to non-CLSA members...
> That link is unavailable to non-CLSA members...
Hmmm...I didn't even try the link. I just found the thread he was asking about. That sucks. Maybe a CLSA member can help the guy out.
Try this
Thank you all for the help...
However, I was looking for something else. I found it in one of the old NSPS News & Views emails. I just remember somewhere all of these questions were on a website. Not the ones that some of you so nicely posted links to, but one that was like a once a month Kurt Sumner would answer an ALTA Question. I thought it was all posted somewhere. Anyway, I think I found what I was looking for, but thank you all.