New and Modified Surveyor Responsibilities: Section 6 of the Minimum Standards
With the adoption of the new 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, there have been several modifications and a new responsibility added to Section 6.C. - Easements, Servitudes, Rights of Way, Access, and Documents.
In Section 6.C.ii, requiring the surveyor to provide a summary of these listed matters, a clarification has been added that limits the summary to survey-related items only. The surveyor typically learns of these matters by reviewing the title evidence provided and, more specifically, items listed within the Schedule B II exceptions to a title report or commitment. Frequently these exception documents contain other matters that are not survey related. The 2021 standards modification makes it clear to both the surveyor and the client that the surveyor does not need to address any items that are not related to survey.
In Section 6.C.ii. (e), when the surveyor notes that an above-mentioned item is not located on or does not touch the surveyed property, they can now opine as to how this affects the property. The surveyor will qualify this statement by noting that it is based ONLY on the description contained within the reviewed document and does not require the surveyor to determine the legal effect of the matter. It is important to note that this applies ONLY to matters the surveyor finds to be absent from the surveyed property. Understanding that the surveyor determined the item is not located on the property based on the description within the document, the title company now has a better understanding of things if asked to delete the exception from the title policy.
In Section 6.C.iii., the surveyor must provide a notation if no physical access to the property was observed in the process of conducting the fieldwork to an abutting public or PRIVATE way. The 2021 standards added PRIVATE ways to this responsibility.
In Section 6.C.vi, requiring the surveyor to report information for adjoining non-platted lands, the surveyor also must now provide the tax parcel number for the lands if available.
Last, a NEW requirement has been added. In Section 6.C.viii, the surveyor has been given the new responsibility of notifying the title insurer if they discover a recorded easement that is not addressed in the title evidence in the process of preparing the survey. Surveyors are NOT required to do a title search to look for these items, but they typically do some research as to prepare the survey to the Normal Standards of Care (See Section 4 of the Minimum Standards). Along with their research, a surveyor might also gain this knowledge if they have access to prior surveys, site, or utility plans, etc., that are not recorded documents and therefore not accessible to the title company. Additionally, the surveyor may observe use by others on the property while conducting the fieldwork such as a driveway crossing the property to serve an adjoining property. If this matter is not addressed in the title evidence, the surveyor may (but is not required) to look for a recorded easement. This responsibility has been added to make the surveyor more proactive as the survey is often provided in the eleventh hour of a transaction making this newly observed easement a last-minute problem to resolve. If the title company is then not able to provide a release or vacation of the easement, the surveyor must note it accordingly within their summary of easements.
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NV5/BOCK & CLARK NEWS & UPCOMING EVENTS:
- NV5/Bock & Clark is pleased to be the Halfway House sponsor for the CREW Chicago Golf Outing, August 24 at The Glen Club in Glenview, IL. Lori Gabor will be on-hand to greet the players as they pass through.
- In addition to her time spent with CREW Chicago, NV5/Bock & Clark’s Lori Gabor will be attending the CREW Kansas City Golf Outing on August 30, 2021.
- Join Peggy Henderson at the Crittenden Real Estate Finance Conference, Sept 24 – 26 in Miami, FL.
- As a Platinum-level sponsor, NV5/Bock & Clark is pleased to be attending and exhibiting at the CREW Network Convention & Marketplace, Sept. 28 – 30 being held at The Mirage in Las Vegas. We look forward to reconnecting with our CREW friends.
- Lori Gabor will attend the Iowa Commercial Real Estate Exchange, Sept 28 in Des Moines, IA. Stop by our booth to meet Lori and learn more about our services.