Wednesday, July 13, 2016

ALTA/NSPS Question

Regarding Table A, Item 6, in the cases where we don’t get zoning reports from our clients, we still state the zoning classification and the bulk requirements for height and setback only (not coverage or parking).  We qualify these notes stating that the information is per jurisdictional public information. 

In your opinion, based on your reading of the requirements, if I don’t receive a zoning report, should I be excluding citing 6a and 6b in my certificate even though I have qualified where the information comes from?

Response:

In my opinion, that would be entirely up to you. I see nothing whatsoever wrong with either approach. 

Requiring that the report be provided to the surveyor was a purposeful attempt by both ALTA and NSPS to move liability for zoning matters off of the surveyor and on to people/companies who specialize in such work. 


If you are willing to take some of that liability back, I see no reason that you cannot do that (with an appropriate 'disclaimer' as to where the information came from), although pursuant to the standards, you do not have to. 

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