ALTA/ACSM Question

ALTA/ACSM Question

Question:

Has there been any discussion about the liability issues associated with surveyor’s adding a “List or Table” on the face of survey listing the encroachments, but in doing so failing to list an encroachment in the table which is been shown on the survey?

Our firm’s position on this is that a “List or Table” stating the encroachments is NOT a part of the standards, and we have thus far been refusing requests to add such a table. The requests are coming from lender’s counsel on nearly every survey.

Answer:

I agree 100% with your position.

If pushed really hard, I will provide a table of “possible” encroachments, but I will add a note that an encroachment is a legal condition, not a matter of survey and, as a result, there may be other possible encroachments affecting the property that are not listed. 

For the attorney who wants to argue, I tell them that the definition of an encroachment  is an “illegal trespass” – neither word of which is part of the practice of surveying – and I have no intention of getting in trouble for practicing law. That usually quiets them.

This is one of those liability issues that I would love to address in the standards, but the consensus is – correctly so – that these are practice issues, not something for the standards.