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New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

The very first such set of criteria was designed in 1962 and has since been revised 10 occasions. The criteria are currently updated every five years and are relied on by real estate professionals, such as purchasers, lenders, title insurance companies and their attorneys, nationally. The substantial changes between the 2021 criteria as well as also the previous 2016 criteria are summarized below.
Survey Matters
The 2021 criteria clarify that only survey-related matters have to be summarized on the survey. This revision was intended to foreclose a practice common among several institutional creditors to require that the survey list all items displayed in Schedule BII of the name commitment on the surface of the survey regardless of whether those things may in reality be survey associated with The 2021 criteria also add a requirement that the surveyor contain a notice specifying whether the location of some right of way, easement or other survey-related thing is shown on the survey. This change incorporates common lender and purchaser requirements that weren’t previously enumerated in the survey criteria.
Additionally, a new provision requires that the surveyor to advise the name company if it’s conscious of a recorded easement not listed in the name work from the process of preparing the survey. Until the name firm provides the surveyor with evidence of a release of the easement, then the surveyor is required to demonstrate that the easement on the surface of the survey, together with a notice that the title company was advised of the same.
The survey must reveal certain things observed through the surveyor’s fieldwork. The 2021 criteria specifically add utility locate markings for this listing, for example, source of the markings, with a notice in case unknown. This condition was accidentally deleted when the 2016 criteria were published.
Cosmetic Candles
The survey criteria incorporate a listing of items that could present issues beyond those typically encountered on a survey (e.g., marinas, campgrounds, mobile home parks, easements, leases and other non-fee straightforward interests), and which should be specifically negotiated between the client, lender, insurer and surveyor. The 2021 criteria add mineral interests for this listing.
Table A Items
Table A of the minimum standard detail requirements puts on a listing of optional surveyor responsibilities and specifications, which may be requested by the client. Any such items are subject to negotiation between the client and the surveyor, such as any extra fee associated thereto.
The 2021 criteria delete two Table A items that were included in the 2016 criteria. Former item 10(b) was deleted, which necessitated a determination of whether specific walls are plumb (i.e.( perfectly perpendicular ). This item was eliminated since it is not rooted in any name concern (apart from the chance of an encroachment, that is individually addressed in the criteria ). Additionally, Item 18 was deleted, which necessitated the position of wetland delineation markers (or a notice disclosing the lack thereof). This item has been the source of confusion because its first introduction as a portion of the 2011 criteria. In 2016, the ALTA/NSPS committee attempted to describe that the surveyor is not required to actually delineate wetlands, but simply to find delineation markers previously set with a wetlands biologist. Confusion persisted, and thus the committee chose to remove this item completely.
Table A objects 6(a) and 6(b), that relate to zoning information, were altered to clarify that any zoning letter or report provided to the surveyor from the client or the client’s designated representative must be”special to the surveyed property” This change was intended to avoid a client’s delivery of a copy of a whole zoning ordinance into the surveyor with the intention that the surveyor ascertain whether and to the extent that ordinance applies to the surveyed property.
The 2021 criteria also modify Table A item 11, related to underground utilities. Under the 2016 criteria, this item required that the surveyor to find underground utilities based on observed signs, plans obtained through the surveyor’s petition to a utility business, and markers asked by the surveyor pursuant to an 811 utility find or similar petition. The standards change the onus away from the surveyor. Under new item 11(a), the surveyor is required to demonstrate signs of underground utilities based on reports or plans furnished by the client (with reference regarding the sources of data ). Item 11(b) requires the surveyor to show markings coordinated with the surveyor pursuant to a private utility find.
As mentioned above, the 2021 criteria will become effective on February 23, 2021, that coincides with the date of this historical festival of this Roman god Terminus, shield of border markers. When a contract is entered into for surveying services that commence before this effective date but won’t be finished until after the new criteria are in effect, the parties must specifically discuss that set of criteria will apply and contain an suitable clause in their contract to that purpose.
It’s important that purchasers, lenders, title insurance companies and other business participants familiarize themselves with all the 2021 criteria before contracting for, either negotiating or taking the ALTA/NSPS Land Title Survey from and following that the 2021 standards’ effective date. When you have any queries related to this particular topic, please contact the authors.