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ALTA/NSPS Question

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James Fleming
(@james-fleming)
5,000+ posts Member

@kevin-hines A lot of questions like this depend on where you are located and what type of work you do. It is very common here in the DC area to perform ALTA surveys on air rights parcels that are just portions of the underlying recorded lot, or have office complexes where each building is on a sperate leased portion of the overall parent parcel. 

A surveyor's view of the title survey process is often driven by the practices of the local commercial real estate community. Which in many ways was the impetus for developing the standards in the first place, to ensure that our work products serve the purpose of the profession that is "consuming" them.  

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Posted : May 19, 2022 7:31 am
Peter Ehlert
(@peter-ehlert)
1,000+ posts Member
Posted by: @steven-metelsky

I'm being asked to provide a quote for an ALTA survey. The client only wants one building shown out of multiple buildings and parking lots.

Can the omission of physical features be negotiated on an ALTA/NSPS survey?

Page 4, Item D states "The location of buildings on the surveyed property observed in the process of conducting the fieldwork."

To me, that item is not negotiable. In fact, the way I read the ALTA requirements, anything on pages 1 through 8 has to be done. The Table A items compliment the required info and do not allow omissions of said requirements.

Can Table A Item 20 be used to modify which physical features are being contractually omitted? I cannot contractually omit "deed research" for example so how can I contractually omit physical features (minus utilities and encroachments within 5 and ten feet respectively) under an ALTA/NSPS survey?

I would offer the contract under a regular survey, but I have a feeling I won't be able to educate my client unless I'm in the wrong here with my assumptions.

 

Thanks

good discussion.

it all comes down to "surveyed property"
there is no reason that only the area of interest to the Client (only One Building) is the subject of the ALTA.
Just provide the description of -that area- on the ALTA and it can easily be a genuine ALTA/NSPS survey

 

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Posted : May 19, 2022 7:44 am
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