Removing the Survey Exception with a Survey

by Steve Zablocki, State Underwriting Counsel

Measure Twice, Cut Once

We all know the survey exception exists as a standard exception. Removal of it, even with a survey, and especially on an owner’s policy, often presents a challenge. First, what level of detail is needed for the survey? The gold standard is the ALTA/NSPS survey. This would likely be the requirement for a high-value commercial transaction. A lesser standard might work for a nominal vacant lot. The answer invariably is that it depends.

The pertinent question is whether the survey reveals all the required ALTA/NSPS Table A requirements. It also may be a question about the reliability of the surveyor. We’ve seen situations where the surveyor’s reliability was in question. We’ve had to decline a lesser survey where the collective opinion of the surveyor was unfavorable.

Whatever the case, if you are presented with a survey, you must raise any and all adverse matters on that survey. Is the improvement close or over the lot line? Do you see encroachments into easements? Stop and take a look at the survey. Think about what needs to be raised.

Better yet, once you’ve decided on all the items that need to be raised, ask someone to double-check. There’s always a chance that something could be missed. Save yourself some grief. Put an additional set of eyes on something.

If you aren’t sure how to raise a particular exception or the wording, give us a call. We will gladly serve as a second or even a third set of eyes. We will also help you develop an exception worthy of the item.

Contact the First American Wisconsin Agency at wisconsinagency@firstam.com or 800.362.8205.

The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers.

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