Needing Guidance on an ALTA
Currently under contract to provide an ALTA survey on a 2.7 acre parcel.
1995, sellers acquire property. Their deed included the 1950’s/1960’s era descriptions of 4 contiguous parcels that together are the current day 2.7 acre parcel. The parcel descriptions call for each other and fit with no gaps or overlaps. Upon this transaction, buyers had a boundary survey which retraced the outer extents of the parcels. This survey makes no reference to the 4 parcels internal tract lines, and includes no ties to internal lines or monuments. This survey is not found or referenced on the record. The owners occupied and used the 4 parcels as a single tract, constructing a self-storage facility.
2015, seller wishes to expand the office facilities; the new improvements require permitting. A new survey is completed (by the same surveyor as in 1995). Survey is essentially unchanged from 1995. Seller records a deed from themselves to themselves, using the same descriptions of 4 parcels as from the 1995 deed, adding the note, “The Purpose of this Deed is to combine the four separate tax parcels in this deed into a single tax parcel”. County Appraisal Office maps are updated appropriately and reflect a single contiguous parcel. Again, the boundary survey is not recorded nor referenced on record.
2019, State DOT completes extensive improvements around this parcel. Original road access is completely removed, new ROW is acquired from an adjoining parcel and new access to subject parcel is constructed. While I can’t be certain, my feeling from reviewing the DOT ROW maps is that the surveyor must have relied on the 2015 survey when determining boundaries and ROW’s. Their maps make no reference to the 4 original parcels and their found monuments and deed lines mirror that of the 2015/1995 survey.
2022, seller enters under contract and buyer contracts me to perform an ALTA. I’ve located all evidence of the 2015/1995 surveys. I’ve located most of the DOT monuments. All found within expectations, there are no visible encroachments or occupation issues. Beyond this, I have been unable to locate any additional evidence of the original 4 parcels, though have not ruled it out, I am returning for a final search today.
My questions surround ALTA Standards Section 6, B, i and ii.
– Would my survey be considered an original survey? Can I prepare a new contiguous legal description and simply make reference to the 2015 deed (describing 4 parcels) as the “parent tract”?
– If not, does the ALTA need to include the original 4 descriptions, my new combined description, and a note explaining why I’ve prepared a new description (which I believe would say to combine these parcels?)
– How (or should I) make any reference to the unrecorded 1995/2015 surveys that appear to have been relied on by DOT and the owners as the boundary?
– What obligations do I have to mapping and or monumenting the original 4 parcel lines?
If you’ve made it this far, I am already grateful. Any advice or guidance from the Surveyor Connect brain trust is valued and appreciated.
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