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?
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.
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.
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
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.
@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.
From the NSPS Model Standards of Practice for Property Surveys
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
@bstrand WRT Idaho.. Easements are required on subdivision plats but not on records of survey.
@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
Sometimes that is appropriate. Like when 50,000 acre parcels are considered small jobs.?ÿ
@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.
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.
@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?
here a commitment costs 300 bucks.?ÿ 99% of the time that is a minor fraction of the overall cost of the work i'm doing.?ÿ like i said earlier- i'll always ask if they have one, if not i'll offer to order and deal with one and just roll it into the fee.?ÿ it's rare somebody says "no," but it happens.
A tilte commitment is only an absolute requirement if easments are going to be shown. But enough title history to follow the the chain from the creation of all the relevant boundaries to the present deed, and the adjoined current deeds are usually non negotiable. Often a title company is the easiest way to get this, so we might as well get the commitment.?ÿ
Researching this myself often costs the client more than going to the title company.
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I do my own research,?ÿ Always have and always will.?ÿ Even on ALTA's because I'm doing a more thorough check than what they tend to do.?ÿ They won't find that easement from 1931 because that is more years back than what they search.?ÿ Their cost/benefit ratio on payouts determines what they do, not common sense.
On most jobs two hours of research or less will get me everything I need to know.?ÿ Often the driving time is more than the research time.?ÿ I have spent more than a week on some really hairy jobs over the years because there is a need to know "WHY" such and such is the way it is.?ÿ A good example comes from a project I was researching today.?ÿ The County Surveyor in 1883 worked on an entire section and set most of the corners.?ÿ At the east quarter corner they found the original stake and pits in place and replaced them with a nice sandstone of good size because a road would soon be built along that section line.?ÿ I one were to look in the Government Field Notes they would discover that the stake and pits were set on a straight line between the southeast corner and northeast corner at half distance.?ÿ NOPE.?ÿ The plat drawn in 1883 shows going NORTH from the southeast corner to the east quarter corner.?ÿ At that point the bearing changed to more than three degrees east of north to get you to the northeast corner and the distances were far from identical.