Bock & Clark 2020 January eNewsletter

ALTA Surveys: Boundary Resolution Considerations

surveyorHistory recalls that the 2011 Minimum Standard Detail Requirements for ATLA/ACSM Surveys clearly stated the surveyor’s responsibility for Boundary Resolution. The inclusion of Section 3.D in the 2011 standards was then carried over to the 2016 ALTA/NSPS standards with no change and states:

“The boundary lines and corners of any property being surveyed as a part of an ALTA/NSPS Land Title Survey shall be established and/or retraced in accordance with appropriate boundary law principles governed by the set of facts and evidence found in the course of performing the research and fieldwork.”

Although the previous requirements were very specific regarding measurement precision, prior to the inclusion of this verbiage they were silent on the issue of the integrity of boundary resolution leaving it to the professional surveyor’s judgement as to how to address. With the responsibility now clearly defined, the surveyor is required to resolve the surveyed property’s boundary as a part of an ALTA Survey. From a title perspective, the revelation of any boundary issue such as closure errors, gaps, gores or overlaps caused by either a deficiency in a record description or a discrepancy uncovered while performing field work are important considerations. If an issue is uncovered with the boundary, it could certainly cause disputes with adjoining properties ultimately resulting in a title issue. When the surveyor reports an issue, all parties should be concerned with rectifying it before the surveyed property is conveyed.

Errors of closure within record descriptions are the most common issues that surveyors report. These typically occur as a result of a typographic error in the metes and bounds definition within the property description included on the last vesting deed or misinformation on a recorded plat. This evidence would be uncovered in the course of performing research. The surveyor may uncover that a directional call in the recorded description was cited as “South and West” that should have read “South and East”. Or, perhaps a dimension on the recorded plat reads 112’ and should have read 121’. Similar issues can be uncovered in the course of performing fieldwork.

The Minimum Standards along with individual state statutes for the practice of land surveying cite the closure precision requirements to which the surveyor must adhere. Local practices will dictate how a scrivener’s error on a record document can be resolved. A surveyor typically addresses where the error occurs and the title company needs to be involved to resolve any record error. Furthermore, it may present a legacy issue with the property description where legal considerations are necessary. In cases where an error in a property’s boundary causes a potential gap, gore or overlap, it may be necessary to enter into boundary line agreements or other considerations with adjoining owners to clear title for the subject property. These are legal determinations and are a matter of title and not of survey.


Project Efficiency: A Key to Success

Two business men collaborating over a documentNow that the property is yours, it’s time to make it your own. How do you get there? Consider using the Project Management/Owner Representation services offered by NV5.

There are many moving parts in a project’s development, refurbishment or build-out and it pays to enlist the services of an experienced team to assist with items such as cost estimating, scheduling and owner representation. We employ qualified professionals, nationwide, to service commercial, residential and public sectors in the field of Project Management. Our list of clients includes healthcare, industrial, retail hospitality, multi-family, educational and retail facilities around the country.

Whether you are in need of assistance at the onset of a new project or during the process of a current project, our team uses a proactive approach to ensure that both the large and the small details are accounted for and are completed on budget and on time. Our clients cite our commitment to quality and delivery on our promises as reasons they continue to engage our services again and again. These services include but are not limited to:

Owner Representation

  • Loan Due Diligence & Monitoring Services
  • Feasibility & Master Planning
  • Site Observation Reporting
  • Design & Construction Management
  • Conflict Resolution Scheduling 

Master Schedule Development

  • Field Progress Validation
  • Project Recovery Schedule Experts
  • Delay Impact Analysis
  • Dispute Resolution
  • Schedule Training

Cost Estimating

  • Facility Condition Assessment Estimating
  • Design Phase Estimating
  • Value Engineering
  • Contractor Estimate Review & Validation
  • Pre/Post Construction Audits

And more…

Unforeseen delays and added costs are part of the business but don’t be caught by surprise. Engage the services of NV5’s Project Management team to alleviate the pressure and improve project efficiencies. Servicing all 50 states.

Call 440-247-3700 or visit www.nv5.com/projectmanagement for more information.


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