Clarification on ALTA Survey Optional Table A Item 19
With the recent adoption of the 2016 Minimum Standard Detail Requirements and the inclusion of the rewritten definition of Optional Table A Item 19, there may be some confusion concerning the responsibilities of the surveyor in depicting appurtenant easements.
To bring clarity to the concern of users, we reference Section 6.C. (i) of the Minimum Standard Detail Requirements that states that the surveyor must show, report and indicate the width of all easements both burdening and benefiting the property when plottable.
Boundaries – Understanding Easements
The limits (boundaries) of these easements of which the surveyor has knowledge from either provided title work or field observation will be shown, if plottable, regardless of the inclusion of Table A Item 19.
When Item 19 is included, the easement areas become subject to Sections 5 and 6 of the Minimum Standards along with the applicable Table A Items. Since the easement rights are on the lands of others, the client must acquire the necessary permissions in order for the survey work to begin. The appurtenant rights usually aren’t revealed until the title work is provided. These rights will usually appear within the Schedule A of the commitment as “together with” statements or “easement parcels,” because the title company is usually asked to offer insurance through the beneficial rights.
What May Be Involved in the Easements?
When discussing easements with your surveyor, it is important to consider the need, cost and additional timing for this item. What may be involved may vary from a 50’ x 100’ easement for driveway purposes, to an outparcel having cross parking easements and access across a large mall parcel. Keep in mind that your surveyor may not have knowledge of these beneficial easements at the time of the request and may not become aware of them until instructed, or until their review of a title commitment or report.
Bock & Clark
At Bock & Clark, we invest in the continued training and education of our staff and other commercial real estate professionals. Download our Handbook for Commercial Real Estate Due Diligence for more information about our ALTA Survey services. Additionally, Bock & Clark is available to conduct ALTA/NSPS Land Title Survey seminars at your organization or place of business. Contact us today to schedule an educational seminar.