Description
In the Zone
Real Property Survey Updates
By Nissan Shah
The ALTA/ACS Survey is widely regarded
as the benchmark for real property
surveys and is relied on by real estate
professionals. Generally, an ALTA/
ACS Survey identifies the following
matters related to the subject property:
(i) boundaries; (ii) improvements; and
(iii) title exceptions (e.g., easements
and rights of way). In the past, the
American Land Title Association (ALTA)
and American Congress of Surveying
and Mapping (ACS) have set forth the
requirements for an ALTA/ACS survey. Over
time, there have been periodic updates to
the requirements to the ALTA/ACS Survey.
The latest set of updates became effective
as of February 23, 2016.
Below is a summary of some of the key updates for the basic survey requirements: 1. he name of the survey is now the T ALTA/NSPS Survey. It was formerly known as the ALTA/ACS Survey.
The name change is a result of the National Society of Professional Surveyors, Inc. (NSPS) becoming the legal successor organization to ACS. 2. ection 5(B)(ii) provides that to the S extent a property has direct access to a highway, road or street, the width and edges of all highways, roads and streets abutting the property are to be indicated on the survey. 3. ection 5(C)(iii) provides that trees, S bushes and other vegetation need not be shown on a survey unless they evidence possession. 4.
ection 5(E)(iv) provides that any S evidence of utilities observed by a surveyor shall be indicated on the survey. This includes utilities, manholes, valves, meters, transformers and overhead wires. The foregoing requirement was previously an optional item but is now a basic requirement. 5.
ection 5(G)(i) provides that all water S features within the property boundary must be identified. Furthermore, all water features that are outside of the property boundary but within five feet of the property boundary should also be indicated on the survey. 6. ection 6(B)(xi) requires the surveyor S to identify if there was restricted access to any property within five feet of the property boundary line. Below is a summary of the key updates to ALTA/NSPS Table A optional items that may be included on the survey if negotiated with the surveyor: or zoning letter in order for the surveyor to depict zoning items. 2.
ection 13 of Table A requires that S surveyors name adjacent property owners based on property tax records. 3. ection 18 of Table A provides that any S wetland markers placed by a qualified specialist be identified. If no markers were found, this should be stated on the survey. In conclusion, the updates do not overhaul requirements but further clarify or redefine obligations with respect to the ALTA/NSPS survey.
Those ordering surveys should be aware of the updates when reviewing surveys. Certain information may now be shown in a slightly different manner on ALTA/NSPS surveys compared to before the updates. Author Nissan Shah 215.918.3589 nshah@foxrothschild.com 1. ection 6 of Table A provides that the S party ordering the title, not the title company, must provide a zoning report Zoning Approvals • Jack Plackter obtained approval on a 265-unit multifamily rental apartment in Northfield, NJ. • Jack Plackter obtained Amended Site Plan approval to redevelop the approximately 120,000-square-foot Smithville Square Shopping Center in Galloway Township, NJ. • Jack Plackter received approval from the Casino Reinvestment Development Authority in the Tourism District to convert the Borgata’s Festival Park Area to an outdoor pool and lounge area. • Kimberly Freimuth obtained approval from the Souderton Borough to subdivide a parcel into two lots to be developed with single family semidetached dwellings. • Kimberly Freimuth obtained variances from the Uwchlan Township Zoning Hearing Board to permit additional retail signage for a new coffee shop. • Kimberly Freimuth obtained a side yard variance from the Swarthmore Borough Zoning Hearing Board to permit a single family dwelling on a vacant undersized lot. © 016 Fox Rothschild LLP.
All rights reserved. All content of this publication is the property and copyright of Fox Rothschild LLP and may not be reproduced in any format 2 without prior express permission. Contact marketing@foxrothschild.com for more information or to seek permission to reproduce content.
This publication is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations.
This publication is based on the most current information at the time it was written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this publication. Attorney Advertisement www.foxrothschild.com 5 .
Below is a summary of some of the key updates for the basic survey requirements: 1. he name of the survey is now the T ALTA/NSPS Survey. It was formerly known as the ALTA/ACS Survey.
The name change is a result of the National Society of Professional Surveyors, Inc. (NSPS) becoming the legal successor organization to ACS. 2. ection 5(B)(ii) provides that to the S extent a property has direct access to a highway, road or street, the width and edges of all highways, roads and streets abutting the property are to be indicated on the survey. 3. ection 5(C)(iii) provides that trees, S bushes and other vegetation need not be shown on a survey unless they evidence possession. 4.
ection 5(E)(iv) provides that any S evidence of utilities observed by a surveyor shall be indicated on the survey. This includes utilities, manholes, valves, meters, transformers and overhead wires. The foregoing requirement was previously an optional item but is now a basic requirement. 5.
ection 5(G)(i) provides that all water S features within the property boundary must be identified. Furthermore, all water features that are outside of the property boundary but within five feet of the property boundary should also be indicated on the survey. 6. ection 6(B)(xi) requires the surveyor S to identify if there was restricted access to any property within five feet of the property boundary line. Below is a summary of the key updates to ALTA/NSPS Table A optional items that may be included on the survey if negotiated with the surveyor: or zoning letter in order for the surveyor to depict zoning items. 2.
ection 13 of Table A requires that S surveyors name adjacent property owners based on property tax records. 3. ection 18 of Table A provides that any S wetland markers placed by a qualified specialist be identified. If no markers were found, this should be stated on the survey. In conclusion, the updates do not overhaul requirements but further clarify or redefine obligations with respect to the ALTA/NSPS survey.
Those ordering surveys should be aware of the updates when reviewing surveys. Certain information may now be shown in a slightly different manner on ALTA/NSPS surveys compared to before the updates. Author Nissan Shah 215.918.3589 nshah@foxrothschild.com 1. ection 6 of Table A provides that the S party ordering the title, not the title company, must provide a zoning report Zoning Approvals • Jack Plackter obtained approval on a 265-unit multifamily rental apartment in Northfield, NJ. • Jack Plackter obtained Amended Site Plan approval to redevelop the approximately 120,000-square-foot Smithville Square Shopping Center in Galloway Township, NJ. • Jack Plackter received approval from the Casino Reinvestment Development Authority in the Tourism District to convert the Borgata’s Festival Park Area to an outdoor pool and lounge area. • Kimberly Freimuth obtained approval from the Souderton Borough to subdivide a parcel into two lots to be developed with single family semidetached dwellings. • Kimberly Freimuth obtained variances from the Uwchlan Township Zoning Hearing Board to permit additional retail signage for a new coffee shop. • Kimberly Freimuth obtained a side yard variance from the Swarthmore Borough Zoning Hearing Board to permit a single family dwelling on a vacant undersized lot. © 016 Fox Rothschild LLP.
All rights reserved. All content of this publication is the property and copyright of Fox Rothschild LLP and may not be reproduced in any format 2 without prior express permission. Contact marketing@foxrothschild.com for more information or to seek permission to reproduce content.
This publication is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations.
This publication is based on the most current information at the time it was written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this publication. Attorney Advertisement www.foxrothschild.com 5 .
