Land Surveys: A Guide for Lawyers and Other Professionals, Third Edition

by Mitchell George Williams (Editor)

Overview

Complete and accurate land surveys are of fundamental importance in nearly all real estate transfers, yet they are one of the least understood elements in the transaction. Land Surveys: A Guide for Lawyers and Other Professionals provides practical guidance from experts in all related fields, including real estate law, title insurance, surveying, civil engineering, and real estate lending.

Well-written and thorough in its coverage, this book discusses the most important aspects of land surveys and how to understand and use them in real estate transactions. It covers all key elements that are critical to the effective and knowledgeable use of surveys, starting with why a survey is needed and progressing to the more complex aspects of selecting a surveyor, understanding the qualification and certification process, and knowing what to expect from the survey and survey certificate. This updated dition of Land Surveys addresses recent critical developments in the area, including ALTA/ACSM Land Title Survey requirements, the 2006 changes to the ALTA forms of title insurance, and the significant advances in surveying technology, particularly in the Global Positioning System (GPS) which allows greater precision in measurement at a lower cost.

Among the thirteen new chapters are an analysis of the 2011 ALTA/ACSM minimum survey standards coauthored by the chairman of the Liaison Committee that drafted them, the role of aerial photography in surveying, the National Flood Insurance Program, and "how-to" articles on reviewing survey maps. Among the areas covered are:

• What is a land survey and what to look for in a survey map
• Minimum standard requirements
• Certification and codes of practice
• The relationship between surveys and title insurance
• The surveyor as expert witness
• Reading, interpreting, and writing land descriptions
• Licensure, responsibilities, and ethical considerations
• Technological change and its impact on surveying and real estate development

Product Details

ISBN-13:	9781614386520
Publisher:	American Bar Association
Publication date:	08/07/2015
Edition description:	3rd Edition
Pages:	355
Product dimensions:	7.00(w) x 10.00(h) x 0.90(d)

About the Author

Mitchell G. Williams is a partner in the Real Estate Practice Group at Hunton & Williams LLP in New York and a New York State-licensed professional land surveyor. Mr. Williams has represented investment banks, insurance companies, pension funds, and savings banks in a large number of permanent and construction financings in New York and across the country. He has represented lenders on numerous large cross-collateralized multi-state transactions that have been securitized in both public and private offerings. He has represented the purchaser of a major hotel in New York City as special real estate counsel, and represented a large investment bank in the preparation of a line of credit program. Mr. Williams is a member of the American Bar Association (ABA), the American Congress of Surveying and Mapping (ACSM), the National Society of Professional Surveyors (NSPS), and the New York State Bar Association (NYSBA). He has published numerous articles on law and surveying in Probate and Property, Surveying and Mapping, and The Journal of Legal History, as well as articles on environmental law, and has spoken on survey and environmental issues at ABA, NYSBA, and ACSM meetings. He received a B.A. from the State Universityof New York at Binghampton in 1973, an M.A. from the State Universityof New York in Binghampton in 1975, and graduated summa cum laude from New York Law School in 1984 where he was Articles Editor of the New York Law School Law Review.

Table of Contents

Table of Contents Biographies The Editor The Authors Preface PART I – Land Surveys: An Introduction Chapter 1: What Every Lawyer Should Know About Title Surveys Chapter 2: What to Look for When Examining a Survey Map Chapter 3: Advanced Survey Examination Issues PART II – Certifications and Codes of Practice Chapter 4: Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys Chapter 5: The 2011 ALTA/ACSM Land Title Survey Standards Chapter 6: The Annotated Surveyor’s Certificate Chapter 7: Certification from a Surveyor’s Point of View Chapter 8: A Code for Title Insurers Chapter 9: Surveys and Title Insurance Chapter 10: The Surveyor as Expert Witness Chapter 11: The Surveyor’s Role in Boundary Disputes Chapter 12: Surveying’s Legal Body of Knowledge Chapter 13: Surveying Services Chapter 14: Coordinating Land Surveys in Multiple Jurisdictions Chapter 15: Reading, Interpreting, and Writing Land Descriptions Chapter 16: A Guide to Gaps and Overlaps in Legal Descriptions Chapter 17: Center of Section—Center of Controversy? Chapter 18: Record Research: Paper versus Ground Truth Chapter 19: Locating Utility Easements in New York State: A Detailed Analysis Chapter 20: Uncertainties in Boundary Locations Chapter 21: Aerial Photography in the Land Development Process: Understanding Chapter 22: National Flood Insurance Program: Floodplain Management and Regulatory Basics for Land Development Chapter 23: Licensure and Responsibilities of Land Surveyors Chapter 24: Ethical Considerations for the Professional Surveyor Chapter 25: Possible Surveyor Liability Relating to Tree Encroachments Chapter 27: When Is a Rod Not 16.5 Feet? (More Times than Not) Index

Editorial Reviews

Land Surveys is a welcome addition to the legal and surveying professions. One of only a few such publications, it discusses aspects of the real estate transfer from the perspective of both the lawyer and the professional surveyor. With a thorough reading, these two professions will better understand the role, duty, responsibility and scope of services each provides.

Testimonial about the Second Edition of Land Surveys - Richard L. Elgin