MERIDIAN LAND CONSULTING, LLC – 317.345.4031
1. History / Talking Points Today
We are going to be talking about section 1 of the ALTA/NSPS Land Title Survey.
This is the 11TH version. It just went into effect. They started in 1962. 1986. 1988, 1992, 1997. 1999, 2005, 2011, 2016, 2021, and now 2026 – February 23, 2026.
Ten title attorneys and Ten surveyors that get together. Steve Gold is an attorney. Gary was the chairman for 25 years. Todd Amiko is the current chair. They get together twice a year … at least for the past 5 years.
Gary had also been chairing the NSPS committee which also looks at these types of standards, but it doesn’t have a direct oversight of these standards.
They took all of this back to Minneapolis to get this done … and they had an issue that they approved everything subject to a single change which went through.
Notably, Gary gave his updates back in 2011 here at this conference in Spokane right after he concluded. I raised this and he went on to talk a bit more about this.
2. Structure / Restructuring
- Section 1 – Purpose
- Section 2 – Request for Survey
- Section 3 – Survey Standars & Standars of Care
- Section 4 – Records Research
- Section 5 – Fieldwork
- Section 6 – Plat or Map
- Section 7 – Certification
- Section 8 – Deliverables
- Table A
3. Section Language Expanded
- Section 1 – Purpose
Lenders will not loan money for the purchase or development of real property unless they have a title insurance policy to protect their investment.
What is the standard/general survey exception?
Found in Schedule BII:
“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 land described in Schedule A.”
Now, if the mortgage lender does not find this acceptable, they will require a survey and strike this language from the policy but study the survey and write exceptions for all of the issues that the survey reveals. NOTE: These are called “Special Exceptions.”
Examples from Gary’s Own Title Policy:
- Rights or claims of parties in possession not shown by the Public Records.
- Easements, or claims of easements, not shown by the Public Records.
- Any encroachment, encumbrance, violation, variation, or adverse circumstance affect the title that would be disclosed by an accurate and complete survey of the Land.
UPSHOT: The entire set of ALTA/NSPS STANDARDS – except TABLE A – is focused on the surveyor …
- OBSERVING (“in the process of conducting the fieldwork”),
- LOCATING, and
- SHOWING …
Those features and conditions that the title company needs to be made aqware of in order to delete that standard exception from the title policy (“Rights or claims of parties in possession, boundary line disputes, overlaps, encroachment, and any matters not shown by the public records”).
SO, WHAT IS TITLE INSURANCE?
Title Insurance coverage includes:
- A duty to defend the policy holder against claims against its title;
- A duty to indemnify the policy holder for losses incurred if the condition of title is different from how it is represented in the policy (e.g. the property turns out to be encumbered by a recorded easement that the title company missed in its search).
How is this different from a title commitment?
A TITLE COMMITMENT (AKA BINDER OR PRELIMINARY REPORT)? [An Offer – Commitment to Offer Title]
- An offer to issue a title policy on the property described identified (in Schedule A)
- Subjec to the stated exceptions listed in Schedule BII).
- Pursuant to certain terms and conditions upon which the issuer is willing to issue the title policy (listed in SCHEDULE BI)
Wat a title commitment is not …
- A representation as to the condition of the title
- i.e., it is not and abstract of title.
Lender’s vs. Owner’s policy
- Owner’s Policy – Total value of the property from day one
- Lender’s Policy – Only for the value of the loan; and Only for the term of the loan.
Resultantly, the title insurance company has less exposure when they are subject to a lender’s policy than the owner’s policy. So, title insurance may do more for the lender than the owner … the title company “may insure over it.”
Question: If this is “looked over” how does this implicates the survey? Does it need to be removed now? The lender might “request” that it be returned.
Alternatively, if an easement is found and you call the title insurance …
- Thanks so much.
- Familiar, but it was released. Then, the surveyor should ask for the release.
- Familiar, but we are insuring over it. Show or at least explain the existence of the easement on the survey UNLESS there is a demonstration that the easement has been abandoned, extinguished, or vacated. THE DO NOT LIKE THIS, BUT THE SURVEYOR HAS TO SHOW OR EXPLAIN. As a negotiating tactic, show it initially and then remove the showing of it … but explain it as a note. [Notably, the title company is not obligated to provide some of this information.]
11:05 – No Break Until Lunch.
Survey-Related title insurance endorsements:
- Zoning
[New Language at Section 3.2 – PROPOSED IMPROVEMENTS … but be patently clear, Best practice would be to go to a second sheet AND express EXACTLY where the information came from.]
- Utility [See Table A]
- Access
- Easements
- Contiguity [Putting several properties together … and then a legal description of around the TOTAL PERIMITER – i.e. the properties’ aggregate circumference – BUT if there is a GAP, it NEEDS to be included.]
- Address
- Property same as survey
2/25/2026 11:18 AM – Q&A
- Mentoring Monday’s – Ask Gary
- What happens when there are Easements which the Title Insurance has hidden? Potential Answer: Place indemnification language in the surveyor’s contract with their client.
2026 LANGUAGE CHANGES –
“A complete ALTA/NSPS Land Title Survey includes:
A. the fieldwork required pursuant to Section 5.
B. the preparation of a plat or map pursuant to Section 6 showing the results of the fieldwork and its relationship to documents provi9ded to or obtained by the surveyor pursuant to Section 4.
C. any information from Table items requested by the client, and
D. the certification outlined in Section 7.”
[2/25/2026 11:35 AM – HE MENTIONED ATTORNEY JOE JONES WHO MENTIONED THE SURVEYOR SHOULD ALWAYS HAVE A WRITTEN CONTRACT. NOTE: GARY CERTIFIES ONLY TO CERTAIN PEOPLE PER THE CONTRACT.]
SUCCESSORS & ASSIGNS. [AKA – ISAOA – “IT’S SUCCESSORS AND OR ASSIGNS.” … LANGUAGE IS AT THE CERTIFICATION @ PARAGRAPH 7.]
“To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client):
This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2026 Minimum Standards Details Requirments for ALTA/NSPS Land Title Surveyors, jointly established ad adopted by ALTA and NSPS, and includes Items ______ of Table A thereof. The fieldwork was completed on _____[date].
Date of Plat or Map: ______ (Surveyor’s signature, printed name and seal with Registration/License Number)”
2/25/2026 11:47 AM – Originally, the Surveyor was only liable to the person that they did the work for and those that they certified to. But, there was a court case in – perhaps Illinois – which made it that surveyors are liable to anyone who may reasonably rely upon the survey.
DON’T DO ANY UPDATES WITHOUT RESURVEYING!
[You can alter the date only – not add new names.]
Special Circumstances:
“Certain properties or interest in real properties may present issues outside those normally encountered on an ALTA/NSPS Land Title Survey (e.g., marinas, campgrounds, mobile home parks, easements, leases, mineral interests, other non-fee simple interests). The scope of work related to surveys of such properties or interests in real properties should be discussed with the client, lender, [etc. …].”
2/25/2026 11:59 AM – BREAK FOR LUNCH
2/25/2026 1:30 PM – RETURN FROM LUNCH
MEASUREMENT STANDARDS
2. i. “Relative Positional Precision” is the accepted indicator of measurement quality on an ALTA/NSPS Land Title Survey. It is defined as the length of the semi-major axis, [etc. …]” This reduces the language from a standard of 2 dimensions to a single dimension of precision.
“Shall” became “Must” in most of the language. Gutierrez v. Millano “a Supreme Court case in which ‘shall’ was not considered an imperative.
“Adjoiner” (the person) v. “the Adjoining Property” – now “Adjoining Property.”
4.A. Records Research – “Given the purpose of an ALTA/NSPS Land Title Survey, complete copies of the most recent title commitment or, if a title commitment is not available, other title evidence satisfactory to the title insurer (if a recent title commitment is not provided, in some case, additional title research may be required on ther part of and by the insurer or on the part of the surveyor due to state law);”
4.C.i. “Any recorded easements, servitudes, or covenants burdening the property to be surveyed; and
[4.C.]ii. Any recorded easements, servitudes, or covenants burdening the property to be surveyed; …
Except, however, if the documents outlined in B and C of this section are not provided to the surveyor or if non-public or quasi-public documents (e.g., highway or railroad plans) are otherwise required to complete the survey, the surveyor must conduct that research [etc. …]
5. Fieldwork – The fieldwork must be performed using practices generally recognized as acceptable by the surveying profession for purposes of an ALTA/NSPS Land Title Survey.
A. Monuments … included the language (including relationship to surface of the ground) – This means to “find and leave better footsteps.”
B. Rights of way and Access
iii. Evidence of physical access (including vehicular access such as curb cuts, and driveways) to any abutting streets, highways, or other public or private ways observed in the process of conducting the fieldwork. NOTE: THIS LANGUAGE IS REALLY ABOUT VEHICULAR ACCESS.
C. Lines of Possession and Improvements along the Boundaries
i. The character and location of evidence of possession or occupation along the perimeter of the surveyed property, both by the occupants of the surveyed property and by adjointing properties, observed in the process of conducting the field work regardless of proximity to the perimeter boundary. HMM? THIS ACTUALLY MIGHT BE GOOD TO LOOK AT FOR SOME BOUNDARY DISPUTES.
E. EASEMENTS – NOTE THERE IS HEADER LANGUAGE WHICH HAS BEEN ADDED FOR THE POINT OF CLARITY.
i. Evidence of Documented Easements:
ii. Evidence of Undocumented Use (Presciptive Easements)
iii. Indication of Underground Easements:
iv. Evidence of Utilities: … NOTE: This also clarifies height and depth as well as distance from perimeter easement.
6. PLAT or Map – A plat or map of an ALTA/NSPS Land Title Survey must be prepared using practices generally recognized as accept able by the surveying profession for purposes of an ALTA/NSPS LAND Title Survey and shall show the following information. Where dimensioning is appropriate, dimensions shall be annotated to what is, in the surveyor’s professional opinion, the appropriate degee of precision based on (a) the planned use of the surveyed property, if reported in writing to the surveyor by the client, lender, or insurer, or (b) existing use, if the planned use is not so reported.
(l) Notation of any parole statements by interested landowners or occupants as to title or boundary issues relating to the surveyed property.
TABLE A – OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS
“NOTE: When any of the first twenty (20) items of Table A are selected, the exact wording of and fee for any selected item, may be negotiated between the surveyor and client. Note that some items may be required by state statute, administrative rule or local ordinance in which case they must be included pursuant to Section 3.B. [ETC. …]”
15. __ Features, other than the boundary survey portion of an ALTA/NSPS Land Title Survey and the location of features in close proximity to a boundary or other title or relevant setback line, may be shown using imagery; however, the surveyor must:
(a) agree with the client in writing on imagery to utilize, including sourse, date and/or versions of imagery, and licensing costs and requirements.
(b) discuss the ramifications of such practices (e.g., the potential accuracy, precision and completeness of the imagery gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and
(c) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such imagery.
20. __ When observed in the process of conducting the fieldwork or otherwise identified in the process of preparing the survey the following conditions and potential encroachments must be summarized in a table and indicated on the face of the plat or map. Without expressing a statement of legal opinion or an opinin as to ownership, the table must identify the physical conditions, and provide a means by which the conditions can be readily located on the face of the plat or map by a reviewer; however, this table may not be a comprehensive list of all concerns shown on the plat or map of the survey.
- Potential encroachments over boundary lines onto the surveyed property from adjoining property and onto adjoining property from the surveyed property.
- Potential encroachments into rights of way and easements for which written documentation of the existence of such rights of way and easements was provided to or obtained by the surveyor pursuant to Section 4.
- Potential encroachments of front, side or setbacks, but only whent the setback requirements specific to the surveyed property were provided to the surveyor pursuant to Table A item 6(a) or 6(b) or provided in recorded documents.
- Physical access between adjoining parcels without benefit of an easement for which written documentation of the existence of such easements was provided to or obtained by the surveyor pursuant to Section 4.
- Use of adjoining parcels by apparent occupants of the surveyed property without [etc. …]”
2/25/2026 3:00 PM – Afternoon ALTA/NSPS Land Title Survey Standards Session Concluded