ALTA/ACSM standards

Please send questions/comments you may have about the standards to NSPS Executive Director Curt Sumner via email at curtis.sumner@nsps.us.com.  Responses will be posted in NSPS News and Views. 

Question:

We have  some questions  regarding the extent to which a Survey should extend related to Table A Item No. 20. We understand that each survey is unique, although the way we interpret the wording for Item No. 20, the Survey could possibly extend for miles depending on the circumstance. We were wondering if there have been any other questions or discussions related to this item that may be able to clear any confusion up on our part. 

Answer:

Although an appurtenant easement (i.e., an insured easement listed in Schedule A, that provides benefit to a parcel of land) which extends for miles and miles probably isn’t too likely to occur, it is of course possible. 

Out-lots to Malls are probably the best example.  The entire mall parcel may be appurtenant to the out-lot. 

This question comes up every now and then in seminars. The advice given is “if the surveyor thinks the associated work is extensive, ask questions of the client, lender, and title company for clarification, and explain the additional fees associated with the scope of work involved”. 

Like all other Table A items, the extent of the work to be accomplished in Item 20 is entirely up to the client and the surveyor to work out through dialog, consultations with other affected parties (lender, title company, etc.), and perhaps negotiation. Once an understanding is reached, the “written” contract must clearly identify what has been negotiated, and what the cost will be.

As an aside, it has been suggested that perhaps the next version of the ALTA/ACSM standards (due for review in 2016) should include dollar signs ($) in front of each Table A item to automatically alert the client/solicitor-of-the-surveying-services that additional cost is associated with selecting the item.