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Title Commitment

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(@bstrand)
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A question for everyone:?ÿ When doing a boundary survey how often do you require a title commitment from the client??ÿ They're required for ALTAs of course but how about for non-ALTA boundary work?

 
Posted : 19/02/2021 9:14 am
(@chris-bouffard)
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Most of the non construction related surveys I do come from title agencies who provide a copy of the policy and back up documentation, including the title search documents.

 
Posted : 19/02/2021 9:55 am
(@flyin-solo)
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i don't require anything.?ÿ i suggest it, and offer to order one and bill them at cost, but if they don't want it i'm not going to force it.?ÿ that said, any boundary survey without one gets a standard disclaimer that the survey was done without a commitment and may be subject to additional CCRs, easements, issues that i didn't find in a cursory inspection, and that the survey is not to be used for conveyance of real property.

 
Posted : 19/02/2021 9:58 am
 jph
(@jph)
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Posted by: @flyin-solo

and that the survey is not to be used for conveyance of real property

Seriously?

I don't see how the absence of a title commitment relieves a surveyor from meeting state minimum standards, including research

 
Posted : 19/02/2021 10:06 am
(@dougie)
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They are required for land divisions and boundary adjustments.

If I can't find a deed on line, I ask if the client can provide one, for boundary work.

 
Posted : 19/02/2021 10:07 am
(@bstrand)
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@jph Right.?ÿ In Idaho if I remember right easements must be shown on ROS and since I'd be worried about missing some when doing my own search I'm wondering if I should require a title commitment for any sort of boundary work.

 
Posted : 19/02/2021 10:36 am
(@norman-oklahoma)
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From the NSPS Model Standards of Practice for Property Surveys

image

The document goes on to suggest that a survey might use other documents, such as a title report, if one comes into his hands, but doesn't say that he should survey from one.?ÿ The current vesting deed, and the vesting deeds of the adjoining properties, are sufficient for a boundary survey.

If the client asks for easements to be included in your survey then a title report is very appropriate. That's different.?ÿ?ÿ

 
Posted : 19/02/2021 10:49 am
(@thebionicman)
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@bstrand WRT Idaho.. Easements are required on subdivision plats but not on records of survey.

 
Posted : 19/02/2021 11:22 am
(@bstrand)
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@thebionicman Ahh, thanks for the heads up!

 
Posted : 19/02/2021 11:23 am
(@andy-bruner)
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@norman-oklahoma?ÿ Boy it's a good thing that Kent isn't around here anymore.?ÿ He would call you everything but a Christian for that.?ÿ He researches back as far as Land Grant from the sovereign and if you didn't you were incompetent.?ÿ Personally, I believe every surveyor has to satisfy himself that he has done "enough" research to meet his own requirements.

Andy

 
Posted : 19/02/2021 11:33 am
(@norman-oklahoma)
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@andy-bruner

Sometimes that is appropriate. Like when 50,000 acre parcels are considered small jobs.?ÿ

 
Posted : 19/02/2021 11:42 am
(@flyin-solo)
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@jph i don't know where you read that i'm absolving myself of any aspect of meeting minimum standards.?ÿ believe me, i go a whole lot further than most do, i'm confident of that.?ÿ and i fully realize me stating that on a survey can't prevent anyone from using it to do so, it's more a discouragement.

guess i look at it like my own version of "caution, coffee is HOT" on the side of the cup.

 
Posted : 19/02/2021 12:02 pm
(@jim-frame)
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Posted by: @bstrand

do you require a title commitment from the client??ÿ They're required for ALTAs

Not so, it's whatever the title company is comfortable with.?ÿ Around here a preliminary title report is most common.

 
Posted : 19/02/2021 12:14 pm
(@bstrand)
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@dougie Makes sense.?ÿ Have you ever had someone give you an old title commitment??ÿ Like 15 or 20 years??ÿ This might be a silly question but is there a time limit where you would say no, that commitment is too old I need one that is X years old or newer to do my work?

 
Posted : 19/02/2021 12:24 pm
 jph
(@jph)
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@jim-frame

Around here, you're on your own

 
Posted : 19/02/2021 12:43 pm
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