Presenting a live 90-minute webinar with interactive Q&A New 2016 ALTA/NSPS Land Title Survey Standards: What Attorneys Need to Know Leveraging the Feasibility Assessment Tool for Land Development Deals MONDAY, JANUARY 25, 2016 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Gary R. Kent, P .S., Integrated Services Director, The Schneider Corporation , Indianapolis Jeffery N. Lucas, Esq., President, Lucas & Company , Birmingham, Ala. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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The New ALTA/NSPS Land Title Survey Standards ~ What Attorneys need to Know ~ Strafford Publications Webinar January 25, 2016 Presented by Gary R. Kent, PS and Jeffery Lucas, JD, PS 5
The ALTA/ACSM (NSPS) Standards 1962 1986 1988 1992 1997 1999 2005 2011 2016 – February 23, 2016 6
The ALTA/ACSM (NSPS) Standards • 2 year process • Multiple meetings of ALTA and NSPS committees separately • Final joint meeting of both committees • ALTA – 10 members • NSPS – typically 15 surveyors at committee meeting (300+ indirect participants) 7
The 2016 ALTA/NSPS Standards • Section 1- Purpose • Section 2- Request for Survey • Section 3 – Survey Standards & Standards of Care • Section 4 – Records Research • Section 5- Fieldwork • Section 6 – Plat or Map • Section 7 – Certification • Section 8 – Deliverables • Table A 8
Preamble • NSPS is the legal successor organization to ACSM • The 2016 Standards are the next version of the former ALTA/ACSM standards 9
Section 1 - Purpose …For a survey of real property , and the plat, map or record of such survey, to be acceptable to a title insurance company for the purpose of insuring title to said real property free and clear of survey matters … certain specific and pertinent information must be presented for the distinct and clear understanding between the insured, the client …, the title insurance company …, the lender, and the surveyor professionally responsible for the survey . [Emphasis added.] 10
Section 1 - Purpose …In order to meet such needs, clients, insurers, insureds, and lenders are entitled to rely on surveyors to conduct surveys and prepare associated plats or maps that are of a professional quality and appropriately uniform, complete, and accurate . [Emphasis added.] 11
What is Complete and Accurate? Of course this begs the question: What is a complete and accurate survey of real property? 12
Section 1 - Purpose … To that end, and in the interests of the general public, the surveying profession, title insurers, and abstracters, the ALTA and the NSPS jointly promulgate the within details and criteria setting forth a minimum standard of performance for ALTA/NSPS Land Title Surveys. A complete 2016 ALTA/NSPS Land Title Survey includes : [Emphasis added, and a list of criteria follows.] 13
Accuracy and Precision The Standards also address the issue of an accurate survey , but before we go there, let’s consider the difference between precise measurements and accurate results : 14
Accuracy and Precision • Accurate or accuracy is “to take care” to be “careful” to be “free from mistakes or errors.” An accurate statement, for instance, is a true statement, free of errors. • In contrast… • Precise is “characterized by precision, as in a measurement operation.” Precision is also gauged by the degree of repeatability a measurement has. Quotes from Webster’s New World College Dictionary 15
Accuracy and Precision The terms accuracy and precision are often confused and used interchangeably, when they should not be, since they mean different things. Precision has to do with refinement of measurement , while accuracy denotes nearness to the truth . [Emphasis added.] Wilson, Donald A., John Wiley & Sons, Inc., Hoboken, New Jersey, 2006, page 272. 16
Accuracy and Precision “Bear in mind, however, that a 1 in 10,000 survey is not necessarily a better survey than one which is 1 in 5,000, it is merely a more precise survey. The other consideration has to do with accuracy . has to do with accuracy. A 1 in 10,000 survey made of the wrong lot, or using the wrong corners or boundaries, may be very precise, but inaccurate and probably worthless. [Emphasis provided.] Wilson, Donald A., John Wiley & Sons, Inc., Hoboken, New Jersey, 2006, page 272 17
Accuracy and Precision “That is one reason the courts have emphasized monumentation and the determination of correct boundaries rather than whether a survey was 1 part in 5,000 versus 1 part in 10,000.” [Emphasis added.] Wilson, Donald A., John Wiley & Sons, Inc., Hoboken, New Jersey, 2006, page 272 18
Accuracy and Precision If the focus of a survey of property is to identify the true and correct property corners and the true and correct property lines, then an accurate survey would do that. Figure 1 shows that we have hit the bullseye, but the precision of our measurements is low. 19
Accuracy and Precision In contrast, Figure 2 demonstrates that our measurements have a high degree of precision, but we missed the mark – the focus of the survey. We precisely measured the wrong piece of property. Our survey results are completely inaccurate but our measurements are highly precise. 20
Accuracy and Precision • When you combine high accuracy with high precision, you get valid results . Results that are “well -grounded on principles or evidence; able to withstand criticism or objection, as an argument; sound.” Webster’s • What do the Standards have to say about an accurate survey ? 21
Section 3.D. Boundary Resolution The boundary lines and corners of any property being surveyed as part of an ALTA/NSPS Land Title Survey shall be established and/or retraced in accordance with appropriate boundary law principles governed by the set of facts and evidence found in the course of performing the research and fieldwork. [Emphasis added.] 22
Section 3.E.iii. Measurement Standards Relative Positional Precision is a measure of how precisely the surveyor is able to monument and report those positions; it is not a substitute for the application of proper boundary law principles. A boundary corner or line may have a small Relative Positional Precision because the survey measurements were precise, yet still be in the wrong position ( i.e ., inaccurate ) if it was established or retraced using faulty or improper application of boundary law principles . [Emphasis added.] 23
Accuracy and Precision • When a surveyor performs an ALTA/NSPS survey and signs the certification, the surveyor is certifying to a “complete and accurate” survey of the subject property. • This means an accurate identification of the true and correct corners and boundaries of the property; which, of course, implicates all adjoiners and coterminous property lines. 24
Section 7 - Certification This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items ___________ of Table A thereof. The fieldwork was completed on ___________ . [Emphasize added.] 25
Boundary Law Principles • All of this implicates at least two more questions . • The first question is what are the “appropriate boundary law principles?” 26
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