(Effective Feb 23, 2021)
AEI’s full time, dedicated staff is experienced in handling all steps of the American Land Title Association (ALTA) Surveys. Our clients will attest to our ability to provide cost-effective, solutions for any of your land survey needs for real estate transactions. We are committed to keeping clients up-to-date on changes in the industry.
It has been recently announced that ALTA/NSPS Committee has updated their national standards, which will go into effect February 23, 2021. The 2021 changes are somewhat minimal, however, are very important. The most notable changes are included below.
Section 4 Records Research:
This section has been re-worded and has updated subcategories by simplifying what records are needed for the Land Surveyor to properly prepare and complete the ALTA survey.
Previous for 2016
(i) The following records established under state statutes for the purpose of imparting constructive notice of matters relating to real property (public records):
(a) The current record descriptions of any adjoiners to the property to be surveyed, except where such adjoiners are lots in platted, recorded subdivisions;
(b) Any recorded easements benefitting the property;
(c) Any recorded easements, servitudes, or covenants burdening the property;
(ii) Any unrecorded documents affecting the property being surveyed and containing information to which the survey shall make reference, if desired by the client.
New for 2021
- The current record description of the real property to be surveyed or, in the case of an original survey prepared for purposes of locating and describing real property that has not been previously separately described in documents conveying an interest in the real property, the current record description of the parent parcel that contains the property to be surveyed;
- Complete copies of the most recent title commitment or, if a title commitment is not available, other title evidence satisfactory to the title insurer;
- The following documents from records established under state statutes for the purpose of imparting constructive notice of matters relating to real property (public records): i. The current record descriptions of any adjoiners to the property to be surveyed, except where such adjoiners are lots in platted, recorded subdivisions; ii. Any recorded easements benefitting the property to be surveyed; and iii. Any recorded easements, servitudes, or covenants burdening the property to be surveyed; and
- If desired by the client, any unrecorded documents affecting the property to be surveyed and containing information to which the survey shall make reference.
Section 5E Easements and Servitudes:
The most important change coming in this section relates to “utility Locate markings,” updating the requirement of the surveyor locating “utility poles” within 10’ of the property lines.
Section 6C Easements, servitudes, Rights of Way, Access, and Documents:
In this section the requirements give the surveyor specific wording and notes to add after each title exception has been interpreted by the surveyor.
In sub-category for 6Cii, (a), now reads “its location is shown”. All previous letters from 2016 just shifted “down” a letter with some minor wording changes to a few.
A new sub-category for 6Cviii has been created. This new requirement states that, if a surveyor becomes aware of a recorded easement that is not listed in the title commitment, that the surveyor is to advise the title company and show it on the face of the survey, with a note that title company has been advised, unless the title company provides evidence that this easement has been released.
The Optional Table A section has a few changes:
Table A item 11, easily the most misinterpreted and misunderstood Table A item since the 2016 updates. Item 11 is now vastly updated and will be clear to all parties what is needed. The most important word “UNDERGROUND” has been added to the definition, along with two new options have been created for Item 11. Now a client is to choose an option IF the client wants underground utilities and how they would like to get those underground utilities determined.
- Evidence of underground utilities existing on or serving the surveyed property (in addition to the observed evidence of utilities required pursuant to Section 5.E.iv.) as determined by:
_____ (a) plans and/or reports provided by client (with reference as to the sources of information)
_____ (b) markings coordinated by the surveyor pursuant to a private utility locate request
Table A 18 (Previously Table A item 19) has updated wording to clearly explain that if this Option is chosen, the surveyor needs to locate improvements within Offsite Easements per Sections 5 and 6.
- _____ Pursuant to Sections 5 and 6 (and applicable selected Table A items, excluding Table A item 1), include as part of the survey any plottable offsite (i.e., appurtenant) easements disclosed in documents provided to or obtained by the surveyor.
If the client requests to have Offsite Easements plotted but with no Improvements shown, we have to create a Table A item 20 or 21, etc, with this wording
Please also see the Frequently Asked Questions, provided by Gary Kent, Professional Surveyor – Chair, Joint ALTA/NSPS Committee on the ALTA/NSPS Standards
AEI looks forward to providing you with professional and timely ALTA Surveys nationwide.
If you have any questions regarding these upcoming changes, please reach out to email@example.com.