ALTA / NSPS Land Management Standards Update for 2021 – Real Estate and Construction



United States: ALTA / NSPS Land Management Standards Update 2021

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The National Society of Surveyors (NSPS) has updated the ALTA / NSPS standards for the ALTA (American Land Ownership Association) survey effective February 23, 2021. Changes and clarifications have been made to the Standard Minimum Requirements for Parts. “Standards”) and Table A Additional Requirements (“Table A”).

Of particular note, according to the NSPS website, the US Supreme Court in 1995 Gutierrez de Martinez vs Lamagno, 515 US 417, while interpreting part of the Federal Civil Procedure Rules, found that the word “must” is often used synonymously with the word “may”, none of which refers to the word “must”. A Joint Committee made up of both NSPS and ALTA members reviewed each use of the words “must” and “must” and used whichever was most appropriate in each case, with “mandatory” indicating imperative. In the Standards, the term “property” is now referred to as “survey property” or “survey property”.

In addition to many minor changes to the Standards, the Joint Committee added a provision requiring that evidence of power poles at or within ten feet of the property being surveyed be marked on a plaque or map without expressing a legal opinion as to ownership or nature of any possible encroachment on a support leg , its crossbars or protrusions. Service object location markers should now also be applied to the platform or map, including the source of the markings, if unknown. In addition to all easements specified in the title deed provided, if the surveyor discovers a registered easement that is not otherwise included, he must inform the insurer, show or otherwise explain it on the face of the platform or card and make a note that the insurer has been informed.

Fewer changes were made to Table A; however, there are three that are significant. First, clause 6 (a), which relates to the zoning of the investigated property, adds to the first sentence: “(a) If the current zoning classification, derogation requirements, height and floor space restrictions, and parking requirements specific to inspected property … “. These elements need to be added to the platform or map. The second and third, paragraph 10 (b), relating to the plumb line of the sides, has been deleted, as well as paragraph 18, relating to wetlands.

The content of this article is intended to provide general guidance on the subject. You should seek professional advice regarding your specific circumstances.

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