ALTA's & Attorneys!!

September 28, 2009
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Posted By Land Surveyor on 9/28/2009 at 1:02 PM

I recently started a job that was supposed to just be a minimum survey or as-built, which then sort of turned into a full blown ALTA Survey. That's no problem with me but the attorney my client is using had the misconception that my original survey was supposed to be the ALTA Survey. The attorney sent an email that clearly conveyed the fact that he was a little irritated with the lack of title information on the Survey. Which I in turn told him I didn't have the Title Information. There were a few other things that he thought should've been on there that weren't, because the client did not specify, but that's not relevant. When I was supplied with the Title Commitment it had "some" supporting documents but it referred to several deeds that were not supplied to me. The survey has actually taken a turn for the worse, discrepancies and things turning up, looks like it's going to be a considerably more complicated task than I had anticipated, of course. To get to my actual question.

1.) The survey isn't even tied to any GLO System, it references the r/w line intersection of 2 roads. The adjoining surveys, only 2 of them, are not much better. One is tied to 2 different r/w lines and the other is an oooold city block tie. Should I tie this survey to the GLO and rewrite a desc. or just survey it based on the desc. I have. There is also an issue of some differences in the width's of the r/w lines between the surveys and they still have the same calls.

2.) Shouldn't the attorney have to supply ME with all of the supporting documents, especially the ones mentioned? The requirements I have read say that the client should supply me with any and all supporting documents, including easements, right-of-ways, etc. Shouldn't I make the attorney turn around and go get the old record subdivision map, highway r/w plats and descriptions of acquired r/w, and easements mentioned in the "exceptions" list of the Title Comittment? Most attorneys or title companies supply me with more information than I need. This is really the first time I've seen this. They seem to be trying to put the burden of all the research on me. If someone can shed a little light on the "actual" role of the attorney and who's responsible for going and doing all the research would sure help, cause I'm only gonna certify to what they give me, no more. no less.

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