2021 ALTA/NSPS Survey Standards

2021 ALTA/NSPS Survey Standards: What Developers and Lenders Should Know

Diane McDermott, Maria de la Motte, David Cahill & Dianne R. Phillips

Introduction

The American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) have updated the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys(the “Standards”), effective February 23, 2021. The stated purpose of the Standards is to promote a clear understanding between the insured, the client (if different from the insured), the title insurance company, the lender, and the surveyor professionally responsible for a survey of real property, and the 2021 Standards aim to further this goal.

The Standards were last revised in 2016, and a redline is available on the NSPS website showing the 2021 updates. Some changes are stylistic; for example, Section 3.D clarifies that the property that is the subject of a survey is now expressed as either “the surveyed property” or “the property to be surveyed.” Other changes are clarifying; for example, Section 4, Records Research, has rearranged the list of documents which a surveyor must be provided, which include the current record description of the property to be surveyed, complete copies of the most recent title commitment (or, if not available, other title evidence satisfactory to the title insurer), and specific public record documents, including current record descriptions of any adjoiners, any recorded easements benefiting the property, any recorded easements, servitudes, or covenants burdening the property, and, if desired, any unrecorded documents affecting the property. If the documents stated above are not provided to the surveyor, but are required to complete the survey, the surveyor must now conduct that research which is required by the jurisdiction where the surveyed property is located. This article highlights some of the key substantive changes of which developers, lenders, and other survey clients and users should be aware.

Title Documents

An important change in the 2021 Standards is that Section 6.C.ii, covering easements, servitudes, rights of way, access, and documents, no longer requires the surveyor to list every exception shown on the title commitment, but rather, the surveyor is only required to list survey-related matters. The surveyor is required to include a statement regarding whether a right of way, easement, or other survey matter lies within or crosses the surveyed property, with a related note regarding whether its location is shown, cannot be determined from the record document, there was no observed evidence at the time of the fieldwork, it is a blanket easement, it does not affect the surveyed property, it limits access to an otherwise abutting right of way, the documents are illegible, and/or the surveyor has evidence of release or termination.

The revised Section 6.C.ii.(e) also clarifies that while surveyors should provide information on rights of way, easements, and other survey-related matters, and may opine on the effect of such matters on the surveyed property, such opinions may only be based on the description contained in the record document. This change was made in an effort to prevent surveyors from opining on the legal effect of such matters.

Section 6.C.viii imposes a new requirement that if a surveyor becomes aware of a recorded easement not identified in the title evidence provided, the surveyor must advise the title company of the easement. If no evidence of a release or termination is provided, that easement must be shown on the face of the survey with a note that the insurer has been advised of its existence.

The revised Section 6 also includes some changes as to what information must be included. For example, Section 6.C.vi now requires the inclusion of a tax parcel number for adjoining properties, where available.

Utilities

Subsections 5.E.ii, iii, and iv of the Standards have been modified to reflect that utility locate markings should be located and shown, and that the survey should include a note as to the source of the markings. Additionally, utility poles on or within 10 feet of the surveyed property must be shown. The survey should include the extent of all encroaching utility pole encumbrances or overhangs, but without expressing a legal opinion on the ownership or nature of the potential encroachments. Relatedly, Section 5.C.ii, which generally requires the surveyor to observe improvements within 5 feet of each side of the boundary lines in the process of conducting fieldwork, has been modified to reference Section 5.E.iv with respect to which utility poles need to be located, those within 10 feet of the surveyed property.

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