New ALTA Land Title Survey Requirements to Take Effect

Legal Alerts

2.04.11

Effective February 23, 2011, the 2005 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys will be replaced with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys (the "2011 Standards"). The 2011 Standards are more comprehensive and include more standard requirements; more standard requirements means fewer optional Table A items will need to be requested, all of which is good news for customers. For instance, vicinity maps and indications of access to public ways are required by the 2011 Standards and, therefore, there are no corresponding Table A items for those matters.

Table A also includes some new items, such as addresses disclosed by public records, current zoning classifications, and an option to have the surveyor maintain a specified amount of professional liability insurance for a specified term.

Of particular note is the new, simplified certification language, which is a statement that the survey was made in accordance with the 2011 Standards, the Table A items that were included as part of the survey, and the date the field work was completed. The 2011 Standards indicate that the certification may not be altered. It appears that surveyors will not have the latitude to revise certifications based upon customer and lender requests, but only time will tell whether the industry will accept this new certification, or put pressure on the American Land Title Association and the American Congress on Surveying and Mapping to delete the sentence in the 2011 Standards that the certification may not be altered.

Please contact Heather K. Aeschleman in Chicago at 312-627-2290, or Rochelle E. Lento in Detroit at 313-568-5322 if you have any questions. 


As part of our service to you, we regularly compile short reports on new and interesting developments and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation.Your comments on this newsletter, or any Dykema publication, are always welcome. © 2011 Dykema Gossett PLLC.

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