ALTA What??

Posted By paul plutae on 9/24/2009 at 9:34 PM

I just got an email asking that the following cert be used on an ALTA I did in August..

I hereby certify that on the _____ day of _________________:
(A) this survey was made on the ground and correctly shows the physical status of the Property, including (i) the boundaries and areas of the Property and the location of buildings and improvements thereon (if any) and the distance therefrom to the nearest facing exterior property lines of the subject property (ii) the location of all rights-of-way, easements and any other matters of record, described on Schedule B-II to the Policy of title insurance (No. _________) issued by __________ Title Company, or which are visible on the ground affecting the Property; (iii) the location of all visible utility lines serving the Property; (iv) the location of any exterior parking areas on the Property, which contains regular parking spaces and handicap parking spaces; and (v) all abutting dedicated public streets providing access to the Property together with the width and name thereof;
(B) except as shown on the survey, there are no (i) encroachments upon the Property by improvements on adjacent property, (ii) encroachments on adjacent property, streets or alleys by any improvements on the Property, (iii) party walls, or (iv) other overlaps, conflicts or protrusions;
(C) adequate ingress to and egress from the Property is provided by [insert name of streets], the same being paved, [private][public] right(s)-of-way;
(D) all required building set back lines on the Property are located as shown hereon;
(E) all zoning, use and density classifications affecting the Property as stated by the City of Fullerton and any other applicable governmental authority are correctly shown hereon;
(F) except as noted hereon, no part of the Property lies within any designated special flood hazard area as shown on the most recent Flood Hazard Boundary Maps prepared by the Department of Housing and Urban Development or as designated by either the Federal Emergency Management Administration or the Flood Insurance Administration or a statement indicating the flood zone classification and map reference; and
(G) this map or plat and the survey on which it was based were made in accordance with “Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys,” jointly established and adopted by ALTA and NSPS in 2005 and includes items 1, 2, 3, 4, 6, 7 (a), (b)(1), (c), 8, 9, 10, 11(b), 13 and 14 of Table A. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification, undersigned further certifies that in my professional opinion, as a land surveyor registered in the State of __________, the Relative Positional Accuracy of this survey does not exceed that which is specified therein.

(Signature of Surveyor)
Registered Public Surveyor

I sent this reply back...

The ALTA was prepared using the current ALTA/ACSM standards, the certificate that is on the survey will not be altered.

I was also asked in a different email from another party involved in the deal to add the exceptions that are listed in Schedule B of the title report, I responded back saying that I did not recall that the listing of Schedule B exceptions were part of the ALTA/ACSM standards.

The report is referenced, so why list them?

PS It's best not to email me midnight hour requests after I have had a long 10 hour day in LA traffic and spending the day in the archives of the County Assessors and County Recorders.

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