It appears I have made it worse by referencing my paper "Survey Certifications You Swear You Don't Sign," because the attorneys invariably read it and then ask me to sign their form with modifications, when my intent was not to sign their form at all.

Consequently, I began a second paper last year examining the problems that can arise from seemingly innocent phrases. I passed that along to a client, who then spent days re-writing their long form of certification in order to reach a compromise. (It was an interesting situation, since the client has had real problems with the surveys by other surveyors who willingly sign the certification; they know my surveys will be correct, but I won't sign their certification.)

Finally, I had an insight. The attorneys, not being perhaps quite as familiar with the ALTA standards as they ought to be if they are reviewing ALTA surveys (how many people know what it means when we list optional ALTA Table A item 2?), want affirmative language that includes the items they consider essential. My solution is to add two paragraphs to the standard notes. The first lists in abbreviated form what is included in the standard ALTA survey, and the second explains what is included as optional items. That seems to satisfy the attorneys. I have had great success with the explanatory notes.

I then developed a new standard form of survey notes with the mandatory ALTA certification. The notes are customized for every survey, and that is relatively easy with word processing.

The time has come for an all-out assault on the long form of certification, and I put forth my new standard notes as the solution. Everyone is welcome to copy, publish, and distribute this paper in any form without limit. I can send it by e-mail to anyone who so desires.

Bruce F. Small
Office e-mail: tucson@cellabarr.com
Home e-mail: Bruce_and_Vicki_Small@compuserve.com
Tucson, Arizona

NOTES

This is an above-ground survey. The underground utilities, if shown, are based on information provided by the various utility companies and these locations should be considered approximate. There may be additional underground utilities not shown on this drawing.

The word "certify" or "certificate" is an expression of professional opinion regarding the facts of the survey and does not constitute a warranty or guarantee, express or implied.

Basis of bearings:

Area of site: acres, more or less.

By graphical plotting only, this site is in Zone , per FIRM , dated .

Zoning on the site is . The zoning setbacks are .

There are regular, covered, and handicapped striped parking spaces on this site.

Survey based upon , dated , 1999. The legal description used for this survey is the legal description in the title report.

The following two paragraphs are a synopsis of the ALTA standards. They are explanatory and are not intended to limit liability.

This is an ALTA/ACSM land title survey, and includes the following items as part of the standard requirements: all data necessary to define the boundary mathematically, record bearings and distances where they differ from measured, notation of any failure of the record description to close mathematically, names and widths of streets abutting the property surveyed, observable evidence of access (or lack thereof), all recorded plats, names of adjoining owners (if provided by the client), platted setback lines or which appear in a record document (if provided by the client), all indication of contiguity, gores, and overlaps, all evidence of monuments used in the survey, all evidence of possession, the location of all buildings on the site and ties to the property lines (or the notation "no buildings"), the street number if available, all easements evidenced by a record document (if provided by the client) shown or noted, all observable evidence of easements, the character and location of all walls, buildings, fences and other visible improvements within five feet of the boundary lines, all physical evidence of encroachments, driveways and alleys on or crossing the property, observed cemeteries and burial grounds, ponds, lakes, and rivers bordering or on the premises.

In addition to the standard requirements, the following items from Optional Table A are included in this survey: 1 boundary monuments; 2 vicinity map; 3 flood zone designation; 4 land area; 5 contours and the datum of the elevations; 6 setback restrictions of record as disclosed by zoning, building codes, or subdivision maps; 7(a) exterior dimensions of buildings; 7(b)(1) square footage of buildings; 7(c) height of all buildings; 8 substantial, visible improvements; 9 parking areas, striping, and number of spaces; 10 access to a public way marked; 11 location of utilities serving the property based upon utility company maps and onsite observation; 12 governmental agency survey requirements; 13 significant observations not otherwise disclosed; 14 observable evidence of earth moving or building construction in recent months; 15 proposed changes in street right-of-way lines; 16 observable evidence of a solid waste dump or sanitary landfill; and 17 (defined by the client).

SCHEDULE B ITEMS

CERTIFICATE

To: : This is to certify that this map or plat and the survey on which it is based were made (i) in accordance with "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys," jointly established and adopted by ALTA, ACSM and NSPS in 1997, and includes Items of Table A thereof, and (ii) pursuant to the Accuracy Standards (as adopted by ALTA and ACSM and in effect on the date of this certification) of an Urban Survey.

Date of last field check:
Date last revised:
Revised:

Bruce F. Small
Registered Land Surveyor
Arizona Reg. No. 12122