When the ACSM
Bulletin magazine was still in publication it included a column call
"ALTA/ACSM Standards." In the column, Gary Kent, who is Chair of both
the NSPS ALTA/ACSM Committee and the joint ALTA/NSPS/Lenders Council Committee,
responded to questions raised about some aspect of the standards. NSPS has
reinstated this column in ANSPS News & Views on a regular (if not
weekly) basis.
Please send questions/comments you may have about the standards to NSPS
Executive Director Curt Sumner via email at curtis.sumner@nsps.us.com.
In a recent
edition of NSPS News & Views, our resident ALTA/ACSM survey expert
responded to the question below. Subsequently, we received the perspective of
another friend, Ed Pagan, an attorney who provides advice to surveyors.
QUESTION:
I have a question about ALTA/ACSM Land Title Surveys for sites
that are rapidly changing, i.e. under construction. We are surveying a property
that was formerly a large retail store – it was demolished this summer, along
with much of the parking lot. Our client’s corporate requirements require an
ALTA/ACSM Land Title Survey, and they are asking for it now. But at this point,
the site is now basically a dirt field at sub-grade, with some curb starting to
be built for the new parking lot. For the land title survey, should we
“back-date” the survey and show the improvements/conditions that existed before
demolition? (We do have that information). Or should we just try to map the
site as it exists now, and treat it as a current ALTA/ACSM Land Title Survey
based on conditions at the site on the day of survey?
-
I read the
question about preparation of an ALTA survey on a site under construction and
what should be shown etc.... What jumped out at me immediately is the same old
problem that has been the "Achilles Heel" of the surveying profession
since I first started lecturing and representing the industry over 20 years
ago. Communication.
This question of
what to do, should be answered before the surveyor's crew ever sets foot on the
site to take a measurement. What the question really relates to is the legal principle
called "meeting of the minds". I submit the following simplified
short list of questions to be considered:
What does the
client think they want?
After discussion
with the client about their desires, needs and expectations, what does the
client really want?
Is what the
client really want meet what the client really needs?
Are the client's
expectations and wants compatible to their needs?
Can the surveyor
provide those desired services in a quality fashion within the time frame and
budget constraints desired by the client?
Answers to those
questions should dictate nature, character and substance of the professional
surveying services to be performed and the price. Those are elements of a
"contract". Many times the person ordering the ALTA Survey has no
clue what is entailed and only knows that an ALTA survey is what corporate,
legal or management wants. The surveyor needs to educate the client of their
options in order to keep the client expectations in check. What may have
started out as a single survey of a site under construction could turn out to
be multiple progress surveys with a price tags acceptable to all.
Just a few
thoughts.
Respectfully,
Ed
Ed Pagan, Jr.,
Esquire
Pagan Affiliates,
LLC
