Monday, May 12, 2008

ALTA Table A Item 11(b)


As a surveyor who performs many surveys that follow the American Land Title Association (ALTA) standards, I need to register my dislike with item 11(b) on Table A - as follows:
Item 11(b) Location of utilities (representative examples of which are shown below) existing on or serving the surveyed property as determined by:Observed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information)railroad tracks and sidings; manholes, catch basins, valve vaults or other surface indications of subterranean uses; wires and cables (including their function, if readily identifiable) crossing the surveyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crossmembers or overhangs affecting the surveyed premises; and utility company installations on the surveyed premises.

In my opinion, this item is an attempt for the surveyor to take liability for something that is not really the purview of the surveyor. I always cringe when 11(b) is requested because there is a large amount of uncertainty associated with this request. As-builts are generally unreliable, and we really have no way of knowing exactly where the utilities are on site. We typically hire a utility locating company, but there is still a level of uncertainty. I always preface the utility mapping data with a note stating where the data came from, methodology used and limitations. Never will I certify that all utilities are shown (unless the client wants to dig up the entire site to some depth - and then only would I certify to that depth). Typically, this request is made by the Title company and/or finance institutions and it really does not benefit the owner much other than the title and finance institutions have some level of comfort as to where the utilities are. I believe their comfort is misplaced though and I try to sell 11(a) rather than 11(b). The cost difference associated between these two can often times be quite large.


I'm working on an estimate for a very complex and large site where HUD is insisting on 11(b) - I don't think the data will ever be used other than to satisfy a HUD requirement. I tried to convince them that 11(a) would be more appropriate, but no luck. Oh well - I guess the work must be completed, but it's going to be a mess and be quite costly.
I wish 11(b) would go away...

No comments: