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Professional Land Consultants, Inc.presents
2016 ALTA STANDARDS
ENTERTAIN THE POSSIBILITIES
One-Hundred-TenthPresentation
February 24, 2017
® All rights reserved-property of Professional Land Consultants, Inc.
MICHIGAN STATECONFERENCE-2017
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P L C S U R V E Y I N G @ M S N . C O M
JAY KAY SEYMOUR, RLS, PLS, LLS
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P L C S U R V E Y I N G @ M S N . C O M
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JAY KAY SEYMOUR, RLS, PLS, LLS
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P L C S U R V E Y I N G @ M S N . C O M
•Principal / Owner of Professional Land Consultants, Inc. since 1984-specializing in seminars, training, consulting,
expert witness.
•RLS-701 Kansas 1978; PLS-16421 Colorado 1979; LLS-6551 California 1991
•Member of California Land Surveyors Assoc. CLSA since 1989; Los Angeles Chapter officer/committee chair 1998-2009
•Member of the State Executive Committee 2009-2014
•State CLSA -Member of the year 2011
•50th State President 2015
•Speaker, Guest Lecturer, Presenter for LSIT/LS Review Classes and supporter of Education since 1991.
JAY KAY SEYMOUR, RLS, PLS, LLS
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P L C S U R V E Y I N G @ M S N . C O M
LET’S GET STARTED! WHO IS IN THE ROOM?
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P L C S U R V E Y I N G @ M S N . C O M
• Owners /Partners• Principals / Senior Managers
• Project Surveyors / Project Managers• Office / Field breakdown• LS / LSIT /CFedS• Students / Retired• Oldest LS and Youngest LS• KSLS Officers Past / Present Evelyn Cable!• Moment of Silence
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LET’S THINK OUTSIDE THE BOX
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P L C S U R V E Y I N G @ M S N . C O M
Questions for YOU!
* Why are you here today* What you want to learn* Are you a professional* Are you a trade, craft,
service* Do you belong to NSPS* Do you have a local Voice* Do you have a regional
Voice* Do you have a national
Voice* One Man Survey Crews* Drones UAV’s GPS GIS
Scanning* City County State Federal
Laws* What is changing what are
you willing to do about it
HOW DO YOU HANDLE CHANGE
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The Future is NOW
* The Greying of the Profession
* The Next Generation* Defining the role of the
Surveyor* Strategic Alliances * NSPS ACEC ASCE
ALTA HISTORY
˃1941 ACSM beginning –end 2012
˃1946 ACSM established Minimum Standards
˃1962 ATA/ACSM –first attempt at maximum positional tolerances
˃1979 Was not jointly accepted by ALTA never enacted
˃1986 Class of surveys; 1st table of minimum standards by ALTA Legal.
˃1988 Table 3 list of 16 additional items.
˃1991/92 interpretation and application of Table 3
˃1994 Measurements standards HUD requirements
˃1997 Revisions to the measurements standards-HUD
˃1999 Optional Table “A” removal of Class Urban/Rural 1st NSPS
˃2005 Clarify Table “A”; Certification; Bndry. standards NSPS 2003
˃2011 1st Major revision of the standards in over 50 years!
˃2016 House keeping items maintaining the format 2011 Standards
˃*** 1999 standards NSPS took over responsibility for ACSM9
P L C S U R V E Y I N G @ M S N . C O M
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PROFESSIONAL SERVICES AGREEMENT
DEFINITION/REFERENCE TO P.I.Q.
COMPENSATION
TIME OF PERFORMANCE
EXHIBIT “A” SPECIFICATIONS
GOALS
SCOPE OF SERVICES
REFERENCES TO STATUTES
EXHIBIT “B” PROPOSAL NOTES
REFERENCE TO MATERIAL AVAILABLE FOR PROPOSAL
ASSUMPTION OF MONUMENTATION “ESCAPE CLAUSES”
Ownership/Use-Reuse/additional copies10
P L C S U R V E Y I N G @ M S N . C O M
POLICIES & PROCEDURES
What is an ALTA Survey? Professionals/Clients Perspective
Engineering Design; Architectural; Boundary; Utility Survey
Proposals: Assign JN; track costs; client and project type
Accounting Department-Friend or Foe. Identifying Client
AR’s Outstanding or late paying debt
Knowledge of the area; type of survey (Commercial/Industrial/Multi
Family)
Bidding versus Professional Services Agreement
Time & Materials versus Lump Sum pricing
Definability of the Scope of Services for this type survey
What is your “plain-vanilla” ALTA Survey Pricing
How do you prepare a proposal
Site Inspection; Google Earth Review; Analysis of the PTR; Knowledge of the
area; previous surveys
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PROFESSIONAL SERVICES AGREEMENT
DEFINITION/REFERENCE TO P.I.Q.
COMPENSATION
TIME OF PERFORMANCE
EXHIBIT “A” SPECIFICATIONS
GOALS
SCOPE OF SERVICES
REFERENCES TO STATUTES
EXHIBIT “B” PROPOSAL NOTES
REFERENCE TO MATERIAL AVAILABLE FOR PROPOSAL
ASSUMPTION OF MONUMENTATION “ESCAPE CLAUSES”
Ownership/Use-Reuse/additional copies12
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SAMPLE CERTIFICATION
This is to certify that this survey map was made in accordance with Standards of Care & Practice for the development of a Boundary /Topographical Survey. That the location of existing monuments along the surrounding streets were recovered, identified, and accepted in place as shown hereon for evidence to the location of the exterior limits of Tract No. 7710 and the establishment of the limits of Lot 78 of said Tract. That the improvements shown hereon and the location of existing structures are per a field survey and are based on the Horizontal Control Network of the County of Los Angeles.
The use of the words “certify,” “certification,” certifies” and “certificate” only constitutes an expression of professional opinion regarding those factors or findings which are the subject of this document and does not constitute a warranty or guarantee, either express or implied, in accordance with the provisions of California Business and Professional Code sections 6735.5 and 8770.6.
Date of Original Issuance ___________
Last Field Inspection ___________
PROFESSIONAL LAND Issuance Number ___________
CONSULTANTS, INC.
California Professional Land Surveyor (Very Important Tracking System)
PLS-6551 Expires: June 30, 2018 (Layering in CADD by OR/BP/Rec #) Title Changes13
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“2016 Standards are the 1st rewrite of the 2011 Standards, the first complete overwrite of the standards in nearly 50 years!
Changes to the 2011 Standards (Available on the NSPS website)
Adjoiner deeds-Section 4 Records Research; Zoning Info Table A Item 6; Wetlands Table A Item 19;
FORMAT OF THE STANDARDS:
Section 1 Purpose
Section 2 Request for Survey
Section 3 Surveying Standards and Standards of Care
Section 4 Records Research
Section 5 Field Work
Section 6 Plat or Map
Section 7 Certification
Table A: Optional Survey Responsibilities and Specifications14
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The FLOW
UNDERSTANDING TITLE
»Understanding the principal of title insurance-expects to never pay on any land title insurance claim. Insurance is written with survey
exceptions.
»Language-”Rights or claims of parties in possession, boundary line disputes, overlaps, encroachments, and any matters not shown by the public records which would be disclosed by an accurate survey and
inspection of the land described in Schedule “A”.
»Lenders do not want to see any exceptions and want all items resolved prior to COE (Close of Escrow). Exceptions to Title
»QUESTIONS: is the product we deliver different for the buyer than for the seller? Who should we work for? How do we protect ourselves
in the process?
»Expectations-Communication-Definition of work product! 15
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UNDERSTANDING THE STANDARDS
Title Insurance has been called risk elimination insurance. It eliminates those
issues from coverage by “Field Inspection/Survey” issuing exception
coverage or mitigation methods
Standards tend to “level the playing field”. N. Dakota/Kansas even have the
ALTA Standards codified in state statues governing land surveying.
Benefit of standards: a client will be unable to successfully claim surveyor misfeasance or
nonfeasance when the surveyor ‘s work was performed to a printed standard agreed upon
by both client and practitioner.
Include in your standard contract, a copy of the standards and the agreed upon Optional
Table “A” items, once mutually agreed upon by both parties.
4 general types of standards: precision, accuracy, content and performance
Standards-Technical (Professional) or Conceptual (Clients) 16
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BOUNDARY STANDARDS
»Concept of a complete ALTA Survey-defined in, No. 1 Purpose as being: onsite
fieldwork required under Section 5 herein, the preparation of a plat or map
showing the results of the fieldwork and its relationship to record documents as
required under Section 6 herein, any information in Table A herein that may have
been negotiated with the client, and the certification outlined in Section 7 herein.
»No. 2 Request for Survey: The Client shall request the survey or arrange for the
survey to be requested, and shall provide a written authorization to proceed from
the person or entity responsible for paying for the survey.
»No. 2 The scope of work related to such properties should be discussed with
the client, lender and insurer, and agreed upon in writing prior to requesting the
survey.
»2016 Revisions/Insertions: Interests in real property; simple interest; easements; agreement prior to commencing work 17
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Minimal changes to language- IMPORTANT to measurement standards
Surveying Standards and Standards of Care…As of February 23, 2016, all previous versions of the Minimum Standard Detail Requirements for ALTA/NSPS Land Title
Surveys are superseded by these standards.
Other Normal Standard of Care; No. 3C Normal Standard of Care
Boundary Resolution-The Boundary lines and corners of any property being surveys as part of an ALTA/NSPS Land Title Surveys shall be established and/or retraced in
accordance with appropriate boundary law principals governed by the set of facts and evidence found in the course of performing the research and fieldwork.
Measurements Standards-(5) elements: Relative Positional Precision; Uncertainties to location of lines; surveyors opinion of the lines; staffing resolution and distribution
of error; Maximum allowable Relative Precision for an ALTA/NSPS land Title Survey is 2 cm (0.07 feet) plus 50 parts per million.
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No. 3 Surveying Standards and
Standards of Care
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»…surveyor will be provided with appropriate and when possible legible data
»… in the case of an original survey prepared for purpose of locating and
describing real property that has not been previously separately describe in
documents conveying and interest in the real property
»…In order to complete an ALA/NSPS Land Title Survey, the surveyor must be
provided with complete copies of the most recent title commitment, or if a title
commitment is not available, other title evidence satisfactory to the title insurer.
In addition the surveyor must be provided with the following:
»(i) The following records established under state statutes for the purposes of impairing
constructive notice of matters relating to real property (public records);
»(a) the current record descriptions of any adjoiners to the property to be surveyed, except where
such adjoiners are lots n platted, recorded subdivisions;
»(b) Any recorded easements benefitting the property
»(c) Any recorded easements, servitudes, or covenants burdening the property19
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No. 4 Records Research
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(ii) Any recorded documents affecting the property being surveyed and
containing information to which the survey shall make reference, if desired by
the client.
Except, however, if the documents outlined above in (i) and (ii) of this section
are not provided to the surveyor or if non-public or quasi-public documents are
required to complete the survey, the surveyor shall be required to conduct only
that research which is required pursuant to the statutory or administrative
requirements of the jurisdiction where the property being surveyed is located
and that research (if any) which is negotiated and outlined in the terms of the
contract between the surveyor and the client.
Importance of a written contract: Identify terms, conditions, and responsibilities of each party to the agreement.
Extensive knowledge of local ordinances, rules, regulations, statutes, and
requirements of all agencies. Remember the most stringent will control! 20
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No. 4 Records Research
Significant Changes to this section:
Section 5 Preface-Addresses the precision with which features need to be located in the field.
Section 5.B.ii.-Clarifies the responsibility of the surveyor as related to locating the traveled way on abutting streets and highways.
Section 5.B.vi.-Clarifies the surveyor's responsibility regarding locating evidence of right of way lines
Section 5.C.ii.-Acknowledges the possibility that physical access may be restricted within 5 feet of the perimeter boundary ( a note to that effect is
required by Section 6.B.xi)
Section 5.E.iv.-Observed evidence of utilities is now mandatory not just when it is evidence to an easement pursuant to 5.E.i. and 5.E.ii. Observed
evidence of utilities used to be optional Table A item 11a.
Section 5.G.i.-Canals, ditches, marshes and swamps are now required to be shown
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No. 5 Field Work-overview
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The survey shall be performed on the ground (except as otherwise
negotiated pursuant to Table A. Item 15, below, if selected by the client).
The fieldwork shall include the following, located to what is, in the
surveyor’s professional opinion, the appropriate degree of precision based
on (a) the planned use of the property, if reported in writing to the surveyor
by the client, lender, or insurer, or (b) the existing use, of the planned use is
not so reported
Monument(s) found/set: location, size, character, and type (N Dakota Law)
Location, description and character of any lines that control the boundaries of the surveyed property
Discussion on monuments, corners, lines, contract language, references to state law in contract
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No. 5 Field Work-A.i,ii,iii
No. 5.B.ii Name, width and location of abutting right of way
The name of any street, highway, or other public or private way abutting the surveyed property,
together with the width of the travelled way and the location of each edge of the travelled way
including on divided streets and highways. If the documents provided to or obtained by the
surveyor pursuant to Section 4, indicate no access from the surveyed property to the abutting street
or highway, the width and location of the travelled way need not be located.
Do you see a trend? Encroachments to title by access/use
What happened to our imaginary 5x5 box around the PIQ
Access to adjoining streets can involve extensive research at multiple
governmental agencies. Can involve deed search to find restrictions
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No. 5 Field Work
No. 5B.vi.- Lines of Possession and Improvements along the boundary:
…ii. Unless physical access is restricted…Trees, bushes, shrubs and other natural vegetation need
not be located other than as specified in the contract, unless they are deemed by the surveyor to be
evidence of possession pursuant to Section 5.C.i.
D. Buildings: The location of buildings on the surveyed property shown observed in
the process of conducting the fieldwork
E. iii. Surface indications of underground easements or servitudes on or across the
surveyed property observed in the process of conducting the survey.
iv. Evidence of use of the surveyed property by other than the apparent occupants
observed in the process of conducting the survey.
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No. 5 Field Work
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Underground storage tanks and other EPA Issues (Use of Land)
Adjoiners land use access points common uses (parking, drainage, traffic patterns,utilities)
Curbing Islands in adjoining streets location of nearest major Intersection. Number oflanes; striping pattern.
Parking and underground improvements. AVOID if possible
Ownership of drawings; use of drawings; 3rd party liability; certification; limit yourliability-for title purposes only
Handicap parking; blue line access route; ramps (detail)
Parking in general-impact on FAR (Concrete Tilt Up)
Sending out PDF/CADD Files
Utilities POC/POT/direction. Plan/USA/Field/Unknown locations. Clarify
Street Documentation: Accepted for Public Dedication/Ownership25
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Problems with ALTA Surveys
GUIDELINES -FOR SUCCESS IN MARKETING
COMS Field/Office
-ALTA Check list define job
Classified ALTA Class 1-3
What is required for THIS survey
Checklist to show complete
All check the Req. Why?
QA/QC
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No. 3 Monuments
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GUIDELINES -FOR SUCCESS IN MARKETING
Professionals
-U.S. Statistics -1.2 million attorneys; 50,000 surveyors
40,000 attorneys a year pass the bar
Less than 30 % pass CA LS exam
What are Michigan statisticsa?
Are we, as a profession just fading away
What is going on with our profession
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WHAT ARE YOUR OFFICE HOURS
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DO YOU REMEMBER
WHO GAVE YOU YOUR FIRST BREAK?
SAY THANKS!
Who put your feet on the path on the journey in life you are taking:
• Coaches-Allen Wingo Willey
• Teachers-Scott Mc Greevy Ward Bones Bakalar Davidson Mitchell Danker
• Surveyors-Metzler Gregg Dodds Peters Centlivre McDaniel Keltner Rogers
Gingery Laraby Hacunda Foster Fraker Silverman Newville Brown Cooper
Shambeck Hindson Steinihoff
• Doctors Reinking Cohen Connor Friedlander Lander De Lilly
• Family Charles Rule Rusty Zoe Suzy Michael Jay Kristen Noel Brittany Mike
Ty Shorty Princess
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ENCROACHMENT –
GATE
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ENCROACHMENT – BELOW
GRADE
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ENCROACHMENT –
FENCE/POLE
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ENCROACHMENT – ACCESS
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ENCROACHMENT – ACCESS
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ENCROACHMENT –
FOOTINGS
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UNDERGROUND UTILITIES-
NYC
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ALTA UPDATE
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STAMP ACCESS POINT
RESTRICTION
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ENCROACHMENT – LOOK UP!
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READ THE SIGNS! PHOTOS!
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ENCROACHMENT –
ACCESS
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ENCROACHMENT – DEED
CUT
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TAKE CARE OF YOURSELF PLEASE- BE VERY CAREFUL
CAL SURVEYOR-ISSUE 163 PAGE 22
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P L C S U R V E Y I N G @ M S N . C O M
IN MEMORY OF MY FATHER
RULE O. SEYMOUR RLS 20
AND THOSE WHOSE FOOTSTEPS WE FOLLOW
This presentation is dedicated to RLS-20 KS RLS-913 MO
Rule O. Seymour, RLS
And to those surveyors that put down footsteps for us to follow.
Thanks for your time, dedication to the profession, today! Now let’s make a difference in
our profession; help the next generation surveyor.
Transmit the profession… not only not less, but greater than it was transmitted to us!
Let’s make this world a little better every day
Until we meet again! Travel safe!
Jay Kay Seymour, RLS, PLS, LLS
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