When title attorneys review property records, they often piece together decades, or even centuries, of documentation. Deeds, plats, local zoning ordinances, and title abstracts provide critical information, but they don’t always capture the full story on the ground. That’s where modern land surveys come in. By bridging the gap between the legal description and the physical reality, surveys give title attorneys a powerful tool to identify risks before they become costly disputes.
Title documents describe boundaries, easements, and ownership rights, but they can’t always account for real-world conditions. A current boundary or ALTA/NSPS Land Title Survey provides field-verified data. For example, a deed might describe a parcel as “beginning at the oak tree and running 200 feet to the creek.” That language may have worked a century ago, but today it could result in a boundary dispute without survey control.
What is an ALTA/NSPS Land Title Survey?
Developed by the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS), an ALTA/NSPS Land Title Survey is the gold standard for surveys in commercial real estate transactions and financing because it provides the most detailed and reliable picture of a property. Unlike a standard boundary survey, an ALTA/NSPS survey:
- Identifies boundaries, easements, encroachments, rights-of-way, access points, utilities, and improvements.
- Ensures that the title commitment and physical survey match.
- Provides critical data required by lenders, attorneys, buyers, and title companies.
This standardized, nationwide approach creates a trusted, legally defensible document that reduces risk and supports confident closings.
Strengthening Title Options
Surveys don’t just confirm boundaries; they give attorneys a stronger foundation for drafting opinion letters and reviewing title commitments. A survey can:
- Reveal unrecorded easements or rights-of-way.
- Identify encroachments, such as fences, driveways, or utility lines crossing boundaries.
- Confirm legal access to public roads.
- Highlight discrepancies between the deed description and actual property dimensions.
An ALTA/NSPS survey goes further by providing additional details lenders and insurers require, helping attorneys ensure that exceptions and endorsements are properly documented.
Minimizing Risk and Claims
Title insurance claims often arise when discrepancies are discovered after a transaction. Something as small as a misplaced fence or overlooked easement can create major headaches for new property owners. Surveys mitigate these risks by providing attorneys with verified up-to-date information.
For example, consider a case where a survey identified a neighboring structure that slightly crossed the property line. While the title records made no mention of it, the survey allowed the attorney to resolve the issue before closing, protecting the buyer and preventing a future claim.
Key benefits of an ALTA/NSPS survey in this context include:
- Reduces Risk in Transactions: Clarifies ownership lines, potential encroachments, and access issues before closing.
- Supports Title Insurance: Required by most lenders and insurers for extended coverage policies.
- Facilitates Informed Decisions: Provides buyers and investors with a clear understanding of property conditions, zoning compliance, and development feasibility.
Using Modern Technology
Today’s surveyors use GPS, GIS overlays, drones, and LIDAR to capture data. These tools produce digital maps and datasets that integrate seamlessly into the due diligence process. For title attorneys, this means faster access to survey data that can be directly applied in legal review.
A Stronger Partnership Between Survey and Title
While title records form the backbone of due diligence, modern land surveys, especially ALTA/NSPS Land Title Surveys, provide the verification needed to turn abstracts into assurance. They:
- Enhance marketability and financing by meeting lender requirements.
- Make properties more attractive to future buyers with thorough documentation.
- Establish a uniform, consistent standard across jurisdictions.
By incorporating these surveys into the title review process, attorneys can reduce litigation risk, strengthen their opinions, and better protect their clients’ interests.
Our survey team partners with attorneys across the southeast to deliver the field-verified data needed for confident closings. If you’d like to discuss how a survey could support your next title project, we’d love to talk.