Bock & Clark 2019 July eNewsletter

ALTA Surveys: What to consider when engaging a Surveyor to avoid delays

When engaging a Surveyor to provide an ALTA/NSPS Land Title Survey, the orderer should consider several items to guaranty receipt of a quality survey that meets their needs and delivers on-time.

ALTA Surveys: Easement Statements

Per Section 2 of the Minimum Standard Detail Requirement for ALTA/NSPS Land Title Surveys, the client must provide WRITTEN authorization to proceed identifying complete contact information for the party responsible for paying for the survey to the surveyor. A surveyor typically provides a written proposal outlining the scope of services and the timing for performance. Often, a written acknowledgement of the proposal identifying the paying party is sufficient for the surveyor to begin work. The client should verify the proposed scope of service in the proposal to be sure their requirements and the requirements of all transaction parties have been included. There should also be a clear understanding of the delivery time. Does the surveyor quote calendar days or business days? Do they take any exception to holidays? When reviewing the proposal, the ordering party should request the surveyor’s insurance coverages for general liability, workmen’s compensation and professional liability insurance if applicable.

The ordering party should also consider that by authorizing the surveyor they are granting permission to the surveyor and their crews to be on the subject property. Frequently, the ordering party is not the owner or occupant of the subject property and therefore is responsible for and must seek out this permission. The client should be prepared to provide the surveyor with the name of a contact on site who is aware that a survey will be performed. In particular for a buy/sell transaction, employees on the property may be unaware of a pending deal and the surveyor should not show up unannounced and cause alarm. The best way to avoid this is to get contact information to the surveyor and the surveyor in turn should not speak with anyone other than the contact person. If a surveyor is approached by another employee on the site, they should direct any questions to the contact or advise that they are updating the company’s real estate records. On occasion when surveying industrial properties, a surveyor may need to complete safety training to access certain portions of the property or may need to be escorted. The site contact would advise accordingly. Also note that if Optional Table A Items 10 or 19 are included in the scope of service, the client is responsible for securing access for any adjoining applicable properties.

Another important item is securing delivery of the current title commitment or report along with the underlying documents on which the survey is to be based as soon as possible. The earlier the surveyor receives these documents can assist in avoiding any late delivery of survey.

Optional items:
If Optional Table A Item 6a, 6b are to be addressed on the survey, the client must provide to the surveyor a zoning report and/or zoning letter as soon as practicable. Item 18 requires the client to have any wetlands on the property delineated prior to the survey so the surveyor can then report the marked limits of the wetlands as determined by others.

Conclusion:
These matters, when considered at the time of engagement, should help avoid any eleventh-hour surprises, miscommunications or delays in delivery.


NV5 Update: NV5 Welcomes Alta Environmental

NV5 Global continues its growth through strategic acquisitions selected to further enhance the service offerings to its clients. Recently, NV5 welcomed Long Beach, CA based Alta Environmental LP to the team. Alta Environmental provides environmental health and safety compliance and regulatory support to transaction, business, industrial, agency and legal clients.

The company focuses on five service lines including:

  • Environmental Health and Air
  • Hazardous Materials Management
  • Site Assessment & Remediation
  • Industrial Hygiene & Safety
  • Water Resources & Stormwater

The addition of Alta Environmental allows NV5/Bock & Clark the opportunity to provide a broader spectrum of services to our existing and future clients. In particular, Alta Environmental will augment our offering of building hazardous materials services (asbestos, lead, mold) as well as our vapor intrusion investigation and mitigation services. Contact us to learn more.


News You Can Use: Environmental & Assessment Definitions and Terms

  • Data Gap – a lack of or inability to obtain information required by ASTM 1527-13 despite good faith efforts by the environmental professional to gather such information.
  • De minimis – a condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate government agencies.
  • Engineering controls - physical modifications to a site or facility to reduce or eliminate the potential for exposure to hazardous substances or petroleum products in the soil or groundwater on the property.
  • LUST, LPST(s) – Leaking Underground Storage Tank(s)/Leaking Petroleum Storage Tank(s)

NV5/BOCK & CLARK NEWS AND UPCOMING EVENTS: