Question:
Do I need to show record
dimensions on an ALTA/ACSM Land Title Survey when my survey resulted in
calculated or measured dimensions that differ from the record dimensions?
It seems like I should only show the dimensions as I determined them to
actually be on the ground.
Answer:
Section 6.B.iii. of the
2011 Minimum Standards Detail Requirements for ALTA/ACSM Land Title Surveys
states that the plat or map of the survey must show, “All distances and
directions identified in the record description of the surveyed property (and
in the new description, if one was prepared). Where a measured or calculated
dimension differs from the record by an amount deemed significant by the
surveyor, such dimension shall be shown in addition to, and differentiated
from, the corresponding record dimension.”
Showing the record
dimensions is desirable for a number of reasons. The record description
represents the current written title of the property, and it is – at least at
the inception of the work – the basis for the survey. It is entirely
appropriate to provide that description on the face of the plat or
map. Even if the surveyor writes a new description based on his or her
survey (see more on this below), the record description is likely to end up being
the description that the title company will be asked to insure (sellers often
loathe conveying a description that is not exactly as what was conveyed to
them).
Subsequent research or
fieldwork may show that the current record description is imprecise, contains
errors, or was possibly inappropriately altered over the years since the parcel
first came into existence. In those cases, if the surveyor deems it appropriate
to write a new description, it and the record description should appear on the
face of the plat or map – with their respective bearings and distances - and it
would be very helpful for the surveyor to provide an explanation as to why a
new description was written and how it differs from the current record
description.
Even if the lender or
buyer persuades the title company to insure a new description, the differences
from the record are still relevant and desirable for all to see, and have the
opportunity to understand.
We do understand that
in one or two states regular practice may differ from the above; in responding
to questions about ALTA/ACSM Land Title Surveys, we can only outline what the
standards say and explain what the intent was in writing them.
Ever think about collecting
historical surveying equipment, or how it was used? Join host Curt Sumner and
Dr. Dick Elgin, second generation surveyor, professor, and long-time collector
and student of surveying equipment, for an enlightening conversation.
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