Q: Item 19 of ALTA Table A of Optional Survey Responsibilities and Specifications states “Include any plottable offsite easements or servitudes as disclosed in documents provided to or obtained by the surveyor “as a part of the survey pursuant to Sections 5 and 6 (and applicable Table A items)” (client to obtain necessary permissions)”.
In reference to that part above italicized, does this provision allow some latitude to the surveyor in the use of his professional judgement in determining whether physical features (i.e. existing pavement, drives, walks, utilities) that are servitudes to the property being surveyed need to be located in the field and shown on the survey?
For example, let’s take an appurtenant access easement. If there was a specific concern brought to my attention by interested parties to the real estate transaction that verification of physical access granted to the property being surveyed does indeed lie within a recorded appurtenant access easement created for that purpose I would not hesitate to locate the physical features and show those on the survey. However, in a general examination of this provision, am I “obligated” to do so even if I feel those physical features generally lie within the appurtenant recorded access easement as evidenced by aerial photography taken from the local assessor’s office Geographic Information System?
A: Item 19 as written is intended to have the surveyor treat the appurtenant easement as if it were another fee parcel owned by the client. It is a popular one for lenders to check off, but as with so many things we do, they don’t understand or appreciate the related fees. When they understand there is a fee - and that it could be substantial - they often drop the request.
This item could be addressed with a Table A Item 15 selection whereby features that are not in close proximity to the easement’s boundary lines could be shown based on, for example, aerial photography, assuming that all of the interested parties are on board with that (see the exact requirements of Table A).
As to latitude in addressing this item - yes - if the client (the lender and title company should be consulted, too) is ok with a modified version of the item, the surveyor could use appropriate latitude. If this is done, there needs to be a note on the face of the plat/map explaining what was negotiated with respect to that item (See Section 6.D.ii(g)).
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