Tag Archives: Due Diligence

Alta Land Surveys

 

What is an ALTA survey?

ALTA stands for American Land Title Association. The ALTA is a group that represents the land title and title insurance industry. In addition to ALTA, the American Congress on Surveying and Mapping (ACSM) also accepts and conforms to ALTA survey conventions. An ALTA survey is a survey done in such a way that it conforms to ALTA standards. The good thing about this is that most surveyors know and understand this format – so once you get used to reading an ALTA survey you will be able to do it over and over again on subsequent transactions.

What does an ALTA survey contain?

Like any survey, an ALTA survey shows the physical characteristics of the property you are purchasing. The first thing an ALTA survey will give you is a description of the metes and bounds of the property. In other words, the survey will give you the actual description (longitude and latitude) of the property boundaries. Most buyers perform their own survey for due diligence to ensure that the property they are purchasing is the size they thought it was.

An ALTA survey also shows improvements on the property, rights of way on the property, as well as any easements granted by previous property owners. For land that you are considering developing, this is incredibly important. If you have an easement granted to the power company that goes straight through the middle of the property, it may be difficult, or impossible, to develop.

ALTA Survey and Title Insurance

An ALTA Survey and Title Insurance go hand in hand. You need to have a current title commitment before you can complete and ALTA survey. This initial title commitment will provide the initial description of the property.

The title company, however, will need the ALTA survey to be completed to finalize the transaction. When a land title company provides title insurance to you, they are guaranteeing you that there are not any unknown encumbrances on your property. To make that guarantee effectively the title insurance company

will use a survey to help delineate where the existing encumbrances, improvements, and easements are located.

ALTA is acceptable to lenders

One of the most important things about an ALTA survey is that it is approved by a host of different groups for use in transactions. That means that your financial partner will accept the information from an ALTA survey as accurate and can use it to help them determine the financing you will receive. This convention will save you money so that you do not have to conduct a special survey for each of the parties involved.


Commercial Real Estate Items

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Commercial Real Estate Items

One of the items which is usually required at the time of selling or purchasing commercial property is an ALTA Land Title Survey.  These surveys require the most work and due diligence of most typical land surveys.  With an ALTA Land Title Survey, the surveyor is required to go deeper with the property and provide information, such as: Boundary, Utilities, Easements, Zoning, Floodplains, Location to intersections, parking, fire hydrant proximity and more.

Being that these services require more information, you will find that an ALTA Land Title Survey will cost more than a typical boundary survey.  This is usually the case with Commercial and residential projects within a known city or town.

Below read more about Commercial ALTA surveys:

Land Title Survey Can Protect Your Investment

Buyers and Lenders of commercial real estate transactions should know the existing conditions and future use of the property or land which they are acquiring.

Buyers and Lenders are using an ALTA survey as part of their feasibility study for commercial projects. Discovering boundary line conflicts or any other restriction AFTER the real estate transaction can be very expensive.  Buyers and Lenders want to protect their investment prior to planning, development and investing funds.

Smith-Roberts National Corporation is a nationwide coordinator of ALTA land title surveys and has been providing clients with timely and cost effective surveys since 1981. An ALTA Land Title survey not only identifies conditions of public record that are disclosed in a title report, but may discover unrecorded rights by a third party that can reduce the use/value of a commercial property.

These include:

# Easements that may encumber or benefit the property

# Possible encroachments across boundary lines or easements

# Access to a public street or lack thereof

# Zoning of the property along with setback requirements

# Flood Zones that may affects the subject property

# Evidence of any use by other parties

# Location of any water boundaries on the subject property

# Evidence of cemeteries

# Names of adjoining property owners

An example might be a national lender securing the  loan on a commercial property (business, factory, apartments, restaurant,  multi-site, etc.) would want to use the ALTA survey in order to receive a thorough survey of the property.

For more information – please visit  Smith-Roberts National Corp. - http://www.smith-roberts.com

Incorporated in 1981, Smith-Roberts has become a nationwide leader in the Land Survey industry with exceptional service, timely deliveries and reasonable fees. Smith-Roberts is a nationwide ALTA Land Survey coordinator and the originator of the DesignReady Survey®.
Smith-Roberts is a land survey coordination firm that specializes in coordinating Land Title Surveys for multi-site, multi-state real estate transactions.
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Interview With A Rics Property Surveyor (uk)

Please see an interview with Charles Dixon a RICS surveyor with over 26 years of experience in the industry. Charles provides some in-depth information of much relevance to UK property investors including a definition of what value’ means today; modern day valuation techniques; due diligence tips; his own thoughts on the property market; regulation of the property industry and much more

1) Can you explain a bit about your background?

I have worked in the property world since graduating from Reading University in 1976 initially in the South Midlands and East Anglia, but for the last 26 years in the West Country counties of Cornwall, Devon, Somerset and Dorset.

2) What is your definition of value in the current UK property market?

Here is the non technical answer: the UK property market is a largely open and free market made up of thousands of individual transactions made by people and organisations with wide-ranging objectives. A free flow of information in the market is essential in informing the decisions behind those transactions. The internet has revolutionised the availability of information on transactions and has made it accessible to everyone; whereas before only people in the industry had such information. This has enabled many more people to join the property owning community. Value is what one person will pay to another for a property and, if value is not to be distorted, both parties must be well informed and acting in an arms length relationship.

3) Would it be fair to say that most surveyors are taking a conservative view on the valuation of property due to the uncertainty of the market?

Surveyors base their assessment of value not only on comparable evidence of similar transactions but also on their assessment of current market sentiment from the general public, the volume of properties available and being traded and of course many external factors that bear on the individuals undertaking a property transaction for example: the general state of the economy, interest rates , taxation policies etc. If surveyors are taking a conservative view, this should reflect a conservative approach that parties are taking in actual negotiations and transactions and reflecting the uncertainty of the market of which they form part.

4) The majority of investors reading this are residential property buyers one difficulty that has emerged as a result of the low market activity is the ability to obtain comparable sold data. What can be undertaken from your point of view to assist with this issue?

Data on property transactions is available through many free websites and through the Land Registry. Statistics on trends are also available free from the Department for Communities and Local Government and indices on house price movements from Halifax Bank and Nationwide Building Society. There are also subscription websites giving additional data which further knowledge about local markets (such as Hometrack’). Agents are, generally speaking, willing to help with information on transactions in their area provided they are approached tactfully and they are not restricted from giving information on a transaction by confidentiality. The current situation is dramatically better for individual investors than it has ever been and over time it is likely to improve further with the further development of the internet. However when there are so few transactions as we are currently experiencing, it is difficult find comparable evidence. This is a difficulty for professional Valuers as much as the general public. It needs deals to be done to establish the market. In these conditions investors may be taking greater risks as their decisions are less well informed. Property transactions have never been risk free and it may be that, after a long period of a rising market before this recession, some people became too complacent and assumed that their property transactions could not fail.

5) Can you talk through the processes that you would undertake prior to visiting a property in terms of your own due diligence?

Terms of business must be agreed with the client before visiting the property. Very often the client is pressing to have the advice/ survey/valuation as quickly as possible so that office based research sometimes happens after a visit rather than before. In any case, the Surveyor can target his research more efficiently if he has first visited the property and actually analysed its location. Depending on the purpose of the report, the Surveyor will want to consider most of the following:

- planning consents;

- short, medium and long term planning issues in the area;

- recent works of repair / improvement to the property;

- available consents guarantees;

- boundaries and related responsibilities;

- location and routes of utilities;

- environmental issues;

- contamination issues;

- presence of mines;

- flood risks;

- subsidence risks;

- details of construction if it is non-standard;

Much of this information and more is available through a local Authority search and website enquiries from various organisations.

6) Similarly, if you are requested to undertake a desktop valuation what steps would you take?

Surveyors should be very wary of desktop valuations which can be misleading to the recipient if the basis of the valuation is not properly understood. In general, such valuations should only be undertaken when the property has been previously inspected and preferably not too long before. Such valuations must clearly state the assumptions on which they are made. They are best avoided when a surveyor is dealing with the general public who will probably expect the same level of knowledge of the property as if it had actually been inspected and may feel let down if they subsequently find changed conditions which had not been identified through the lack of an inspection.

7)On the back of the last two questions, do you think residential house prices in the UK are still over-valued?

In my opinion, residential house prices are too high in relation to salary levels particularly if as a society we wish to encourage a home ownership culture. This is not a fault of the property market, but of external factors that bear on home buyers such as a lack of new homes available to buy thus restricting supply. In an open market such as the property market in the UK, home buyers are competing for the available homes to buy with other types of purchasers such as foreign investors, buy to let investors, holiday home buyers etc. Unless the government intervenes to disadvantage these other types of purchasers (which I would not advocate) they key to reducing prices is to increase the supply of homes on the market.

8) Should residential property investors take more of a value based approach as is what is more common in commercial property?

If the motive for purchase is property investment then yes, a value based approach is the best advice. However, when people buy for their own occupation and use they apply many different subjective criteria and will sometimes ignore the rational behaviour of the market and pay in excess of what the property could be resold for. This is a valid part of a diverse open market that sometimes makes it unpredictable for those observing it from a distance.

9) You are a major advocate of regulation of the property industry and your book discusses this in detail what kinds of measures do you think should be in place?

I am an advocate of the proper regulation of individuals working within the property industry particularly to protect the inexperienced general public who occasionally participate. I do not particularly advocate regulation of property itself unless there is a clear need . In many parts of the property industry there is a clear need and obvious benefit from various types of regulation, however in general I feel that there has been excessive and too complex regulation in recent years to the extent that some people ignore areas of regulation or the regulation restricts the market. Regulation should be proportionate to the benefit achieved as well as being simple and straightforward.

10) Is there a difference, in your opinion, between regulation to install professional principles into the industry and the government just sticking their oar in?

Governments are motivated to regulate where they feel that consumers are adversely affected or if the market is acting imperfectly or against policy objectives. Governments are also motivated to find ways to tax property which is a good store of private wealth and an easy target for the raising of public finance. Occasionally, governments will regulate in pursuit of social policy objectives. In general, the government in the UK has not regulated much in pursuit of encouraging professional principles, but rather has relied on the industry self-regulating itself through its professional bodies such as the RICS and NAEA. The Government has resisted the temptation to statutorily regulate Estate Agents which it could have done at any time by using powers in the Estate Agents Act of 1979. This means that the professional bodies need to be constantly looking at themselves critically to ensure that they are reflecting public opinion and public concerns by adapting their regulatory arrangements to keep up with best practice.


About the Author:
For more interviews like this and to keep up-to-date with the latest news broadcasts, hints, tips, strategies, please see the ‘Property Investor Hub Blog’: http://www.propertyinvestorhub.co.uk/

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