ACSM/ALTA QUESTION

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.