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PDF Editor FAQ

What legal procedure are required when selling a house?

It's relatively straightforward. First, there isn't a problem handling a closing by yourself. However, an experienced attorney is needed at closing IF something goes wrong and you need an advocate to prevent e.g. damaged because you breached by not tendering a deed. (A lot of attorneys close on their own house because they think as an "attorney" they'll be fine. An inexperienced attorney is the same as not being an attorney. Many times one word can change matters. It's knowing that one word.). There's also a school of thought that states if everyone else at the table has a lawyer so should you. Back to the details of "selling". A closing is dictated by the contract. In limited cases, contracts are not written. In both cases, generally, the seller tenders a deed. The nature of the feed depends on what the contract requires. In ether case, the seller will be required to provide title insurance the cost of which is based upon the sale price. (here is another reason the parties may want to allocate how much of the price is for real estate vs. personal property because the insurance is based on the real estate only. Further, if a Seller has their prior policy from when they bought the property (or refinanced) it will save on the cost of insurance because the title insurer knows there risk will trace back to the date of the last known policy. Other requirements include tendering a Bill of Sale for the personal property. Other documents will include an ALTA statement for the insurer that represents that there are no unrecorded claims etc. All of the monetary consideration will be reflected on a "closing statement" which is different than the HUD-1. A HUD-1 is only required for residential property and purchase money mortgages. Depending on the contract and local custom, a seller likely will provide or pay for the "transfer stamps" that represents the fee to the county to transfer the property which should not be confused with the "recording" fee. (relatively nominal). A sale in Chicago, for example, requires a paid water bill. Check your local customs and requirements BEFORE you sign a sales contract and the use the sales contract a guide because each of the above ought to be spelled out in the contract. (In instances where something was omitted from the contract, equity and local custom will play a big factor. Intent of the parties may or may not be considered.) Finally, once the deed passes, the contract no longer "exists". The above should not be construed or relied upon as legal advice. Seek out legal advice of your choosing.

What is the difference between an ALTA survey and a boundary survey?

The everyday regular Land Survey is one that takes place using an agreement between the Land Surveyor and the Client and based upon whatever it is they agree the services will be.There are Clients who may not be in the same state or are seeking financing that requires a detailed Land Survey as conditions of the financing. These types of Land Surveys make it necessary that they all be made to the same standard regardless of the state where they are made and that all parties are doing the Land Survey to a certain agreed to set of standards.Those standards are shown below.An ALTA Land Title Survey is completed based on the “Minimum Standard Detail Requirements and Accuracy Standards For ALTA/NSPS Land Title Surveys.” This ALTA survey standards document was developed and is revised on a regular basis by a combination of Title industry (the American Land Title Association) and Surveying industry (the National Society of Professional Surveyors) professionals.TABLE AOPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONSNOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21.If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above):1. _____ Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner.2. _____ Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork.3. _____ Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only.4. _____ Gross land area (and other areas if specified by the client).5. _____ Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified.6. _____ (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter._____ (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter.7. _____ (a) Exterior dimensions of all buildings at ground level.(b) Square footage of:_____ (1) exterior footprint of all buildings at ground level._____ (2) other areas as specified by the client._____ (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified.8. _____ Substantial features observed in the process of conducting the fieldwork (in addition to the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse).9. _____ Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots.10. _____ (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions)._____ (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions).11. _____ Location of utilities existing on or serving the surveyed property as determined by:·observed evidence collected pursuant to Section 5.E.iv.·evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and·markings requested by the surveyor pursuant to an 811 utility locate or similar requestRepresentative examples of such utilities include, but are not limited to:· Manholes, catch basins, valve vaults and other surface indications of subterranean uses;· Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and· Utility company installations on the surveyed property.Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor’s assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary.12. _____ As specified by the client, Governmental Agency survey-related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands).13. _____ Names of adjoining owners according to current tax records. If more than one owner, identify the first owner’s name listed in the tax records followed by “et al.”14. _____ As specified by the client, distance to the nearest intersecting street.15. _____ Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data.16. _____ Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork.17. _____ Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork.18. _____ If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state.19. _____ Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions).20. _____ Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $____________ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map.21. _____ ___________________________________________________________________Adopted by the Board of Governors, American Land Title Association, on October 8, 2015.American Land Title Association, 1800 M St., N.W., Suite 300S, Washington, D.C. 20036-5828.Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015.National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704.

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