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MEMORANDUM #108
Surveys

By Jones Osborn II

If you are buying acreage or commercial property, either improved or vacant, you will probably want to have the property surveyed. And if you are buying extended coverage title insurance, you must have it surveyed because the title company will require it.

The survey is important because it discloses the exact physical location of the property, its size, any encroachments, and the location of easements, buildings, walls, ponds, driveways, dedicated roads, setback lines, and other physical features of the property. You can also have the surveyor physically stake the corners so you can see where the property begins and ends.

Whether you intend to require another party (such as the seller) to provide you with a survey, or order one for yourself, you need to specify exactly what kind of survey you want, because there are different types of surveys for different purposes.

To begin with, you should normally specify that you want a survey "prepared by a registered land surveyor in accordance with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys as established by the ALTA, ACSM and NSPS in 1999." This is the kind of survey you will need if you desire to purchase an extended coverage policy of title insurance, and it is probably the kind of survey you will want anyway because it meets the strictest standards of accuracy and disclosure. Most lenders will also require a survey meeting these requirements.

You must also determine the class of survey that you want. There are four classes of ALTA/ACSM land title surveys. Beginning with the most accurate, they are as follows:

Urban Surveys: These are normally surveys of land lying within or adjoining a city or town. They may also be used for surveys of commercial or industrial properties, condominiums, and apartments.

Suburban Surveys: These are normally surveys of land lying outside of urban areas, often for single family residential subdivisions.

Rural Surveys: These are generally used for surveys of land such as farms and other undeveloped land lying outside of suburban areas which may have a potential for future development.

Mountain and Marshlands Surveys: These are surveys of lands in remote areas with difficult terrain and which usually have limited potential for development.

You may also want the survey to show optional items not ordinarily included in a basic survey. A list of optional items can be selected from Table A to the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, which is attached. For extended coverage policies, title companies will normally require a survey that includes Items 1 (monuments), 6 (setback, height and area restrictions), 8 (improvements other than buildings), 10 (access), 11 (utilities), 14 (signs of recent construction), 15 (proposed or completed changes in street rights-of-way), and 16 (evidence of landfill or dump). If there is a lender there may be additional requirements. It is a good idea to check with your lender before ordering the survey so you know what is required.

The survey should also be certified to the seller, the buyer, the title company, and the lender. Only those to whom the survey is certified are legally entitled to rely on it.

Surveys are usually not required for single family homes unless a large lot is involved or there is reason to suspect a problem.

Conclusion. If you are purchasing a survey or requiring someone else to purchase one for you, be sure to specify exactly the kind of survey you want, and require that it be current - no more than six months old. By knowing what to ask for you will get the survey you need without unnecessarily wasting time or money on a survey that is unsuitable for your purposes.

 

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