A commercial developer purchased a 4.2-acre site for redevelopment. The ALTA survey delivered
before closing identified a fence along the southern property line. What the survey did not call out as clearly as it could have was that the fence had been located approximately 11 feet inside the surveyed boundary for several years, and the adjoining owner had been using the strip for outdoor storage during that period. The developer's proposed building footprint extended into the disputed area. Resolving the claim required a boundary line agreement with the adjoining owner, an adjustment to the design, and approximately $145,000 in legal fees. The encroachment was visible on the survey to anyone who knew where to look — but neither the developer's design team nor their counsel had treated the fence as a substantive item. This is Article 5 in the series, in Phase 1: Pre-development and Due Diligence. How to read a topographic survey, what an ALTA/NSPS Land Title Survey contains, the optional Table A items most often missed, and the surveyrelated issues often seen in forensic investigations.
What Land Surveys Actually Document
Three deliverables, one underlying record
A land survey is a documented measurement of a parcel of real property, performed by a licensed land surveyor, that establishes the location of boundary lines, elevations, improvements, and other features as they exist on © 2026 Construction Science Forensics • Page 1 of 10
the ground. Surveys are the primary record of physical conditions for real estate transactions, design work, and forensic investigations. Different survey types document different things. A boundary survey establishes legal property lines. A topographic survey documents elevations and surface features. An ALTA/NSPS Land Title Survey — produced to standards jointly adopted by the American Land Title Association and the National Society of Professional Surveyors — combines boundary work with title commitment review and is the standard deliverable for commercial transactions.
2021
Table A
All 50
current edition of ALTA/NSPS Minimum Standard Detail Requirements
the optional items the owner can request beyond the base survey
states requiring licensure of land surveyors for boundary work
ALTA/NSPS Section 6
NSPS state survey board map
Effective Feb 23, 2021
Four Survey Types Owners Encounter Most Often
Knowing which survey type produces which deliverable lets owners and their counsel order the right document for the right purpose. Survey types are not interchangeable — a topographic survey, for example, does not establish boundary lines.
Figure 1 — Four common survey types compared. Each serves a different purpose and produces different deliverables.
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ℹ What Each Type Is Designed to Answer
- Boundary survey: 'Where are the legal property lines, and where are the monuments?'
- Topographic survey: 'What are the existing elevations, slopes, drainage patterns, and surface features?'
- ALTA/NSPS Land Title Survey: 'What is the comprehensive condition of this parcel for a real estate transaction?'
- Construction stakeout: 'Where do the designed improvements go on the ground?'
- Other types not covered: route surveys, hydrographic surveys, control surveys, geodetic surveys — each with its own purpose
Inside an ALTA/NSPS Land Title Survey
What the 2021 standards require and what Table A adds
The 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, adopted jointly by ALTA and NSPS effective February 23, 2021, define the base scope of an ALTA survey. The standards specify the field work, research, certification language, and minimum content of the survey drawing. Additional items can be added at the owner's request through Table A.
Figure 2 — Annotated ALTA/NSPS Land Title Survey showing the required elements and how they appear on the drawing.
Required Elements of Every ALTA Survey
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Boundary lines with bearings and distances: Every property line shown with bearing (compass
direction) and distance, along with curve data where applicable. The boundary is established through field measurements, deed analysis, and reconciliation with monuments found on the ground.
Monuments — found and set: The surveyor documents existing corner monuments (iron pins, concrete
markers, etc.) and sets new monuments where corners are missing. The survey identifies which monuments are found versus set, with distinguishing symbols.
Existing improvements: Buildings, parking, paving, fences, retaining walls, utility structures visible at the surface, and other physical improvements are located by survey measurement and shown to scale on the drawing.
Title easements plotted: The surveyor obtains the title commitment from the title company and plots
each easement, right-of-way, and other recorded interest in real property that is locatable. Items that cannot be located (blanket easements, unidentifiable conditions) are noted in the certification.
Title block, certification, and surveyor seal: The drawing includes a title block with project information, an ALTA-specific certification statement (with named beneficiaries including the title company, lender, and buyer), and the surveyor's seal and signature.
North arrow, scale bar, and basis of bearings: Required orientation and measurement reference
information, including the source of the bearing system used (record reference or measured value).
Table A Optional Items — The Scope Decisions Most Often Missed
Item 3 — Flood zone designation: FEMA Flood Insurance Rate Map (FIRM) zone and panel number. Frequently relevant for lender underwriting and design of finished floor elevations.
Item 4 — Gross land area: Total area of the parcel calculated by the surveyor. Often required for zoning compliance, density calculations, and economic underwriting.
Item 5 — Topographic data (contours): Contour intervals (commonly 1-foot for commercial, 2-foot or 5foot for less detailed work) and spot elevations. Critical for any project involving grading, drainage, or site work.
Item 6 — Zoning information: Item 6(a) shows zoning classification; Item 6(b) shows setback, height, and floor space restrictions. Useful for early design phase but not a substitute for an independent zoning analysis.
Item 7 — Building dimensions: Item 7(a) shows exterior building dimensions at ground level; 7(b) and
7(c) add additional building information. Required when existing buildings are part of the transaction. © 2026 Construction Science Forensics • Page 4 of 10
Item 11 — Evidence of utilities: Surface evidence of underground utilities (meters, valves, manholes, marked utility paint) along with utility company plats where requested. Important: does not constitute a subsurface utility survey.
Item 16 — Earth-moving / construction observed: Evidence of recent construction or earth movement
on or adjacent to the property. Useful for identifying potential encroachments, fill, or recent disturbance.
Item 18 — Wetlands per delineation: Wetland boundaries as established by a separate wetland
delineation. The surveyor plots the wetland boundary but does not perform the delineation.
Item 19 — Offsite easements/servitudes: Easements benefiting the subject property that are located
on adjacent parcels. Often missed because they require separate research beyond the subject's title commitment.
Survey-Related Patterns in Forensic Investigations
Recurring issues observed across cases
The patterns below recur across forensic investigations. These are observations from practice, not statistical claims — every case requires its own investigation, and the presence of any pattern indicator does not by itself establish a finding.
Figure 3 — Six survey-related patterns frequently observed in forensic investigations.
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Encroachments — What the Survey Shows vs. What Counsel Reads
Encroachments are the most common survey-related forensic issue. The surveyor draws what is there — a fence that crosses the line, a shed that overhangs the boundary, a paved drive that extends onto the neighbor's property. The survey itself almost always shows the encroachment. The issue is that counsel and the design team frequently treat encroachments as routine notes rather than as substantive legal items.
⚠ Vertical Datum Confusion — A Specific Technical Trap
- NGVD 29 (National Geodetic Vertical Datum of 1929) was the older U.S. vertical datum
- NAVD 88 (North American Vertical Datum of 1988) replaced it as the official datum
- The two datums differ by approximately 3 to 6 feet depending on geographic location
- Mixing them — survey on one, design on another, FEMA flood map on a third — creates real problems
- Forensic investigations frequently find that design elevations did not actually match the survey datum
- Always verify the datum stated on the survey, and confirm the design and flood maps reference the same datum
Scoping the Survey — Specifying What You Actually Need
The Table A election is more consequential than most owners realize
Most survey-related forensic issues trace back to the survey scope at the time it was ordered — not to surveyor error. The base ALTA survey is a defined product; the Table A items the owner elects are what expand it to meet a specific project's needs.
Practical Guidance on Table A Scope by Project Type
Vacant land for development: Items typically warranted: 3 (flood), 4 (area), 5 (topo/contours), 6(a) and 6(b) (zoning), 11 (utilities), 13 (adjoiners), 16 (earth moving observed), 19 (offsite easements), and 21 (surveyor PLI). Wetlands (Item 18) if site has wet character.
Improved commercial property: Items typically warranted: 3 (flood), 4 (area), 6(a) (zoning), 7(a)(b)(c) (building dimensions), 8 (substantial features), 9 (parking), 11 (utilities), 13 (adjoiners), 19 (offsite easements), 21 (surveyor PLI).
Industrial / large-acreage property: Items typically warranted: 3, 4, 5 (topo), 6, 11, 13, 16, 17 (proposed street changes), 19, 20 (offsite easements/servitudes), 21. Topo at appropriate contour interval given scale of site. © 2026 Construction Science Forensics • Page 6 of 10
Refinance / lender-driven order: Items typically requested by lender: 3, 4, 6(a), 7(a), 8, 9, 11, 13, 21.
Confirm lender's specific Table A requirements before placing the order — they vary. Residential transaction (where used): Most residential transactions use a boundary survey or 'house
location' survey, not an ALTA. When an ALTA is ordered (luxury residential, certain lenders), Items 3, 4, 6, 7, 11, 13, 21 are common.
✓ Specifying the Survey Order — Items to Address Up Front
- Which Table A items the owner is electing (list by number and sub-item)
- Contour interval for topographic data (typically 1-foot for commercial design work)
- Vertical datum to be used (specify NAVD 88 unless project requires otherwise)
- Whether subsurface utilities are required (SUE — Subsurface Utility Engineering — is separate)
- Field measurement standard (the 2021 ALTA/NSPS standards specify relative positional precision)
- All parties to whom the survey will be certified (title company, lender, buyer, attorneys)
- Delivery format (signed and sealed PDF, AutoCAD file, electronic format)
- Schedule for delivery and any updates needed prior to closing
Commercial vs. Residential: Survey Practice Differs Substantially
Same physical reality, different documentation
Survey practice on commercial transactions and on residential transactions follows different conventions. The underlying property and physical reality are identical, but the formality, scope, and use of the deliverable vary significantly. AREA
🏢🏢 COMMERCIAL
🏠🏠 RESIDENTIAL
Standard Product
ALTA/NSPS Land Title Survey produced to 2021
standards with elected Table A items
Boundary survey, plot plan, or 'house location'
survey; ALTA used only in some luxury transactions
Title Item Research
Surveyor receives title commitment and plots
all locatable encumbrances
Title items not routinely plotted; sometimes
surveyor flags fence lines and observable easements
Topographic Data
Often ordered via Table A Item 5 when site
work is contemplated
Generally not included unless project
specifically involves grading or drainage
Certification
Language
Formal ALTA certification to named parties
(buyer, lender, title company, attorneys)
Surveyor's certificate of survey; typically
certified only to the property owner
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AREA
🏢🏢 COMMERCIAL
🏠🏠 RESIDENTIAL
Cost Range
Several thousand to tens of thousands
depending on parcel size, complexity, and Table A scope
Several hundred to a few thousand for typical
residential boundary or plot work
Update Requirements
ALTA surveys are commonly updated for each
transaction; lenders often require recent dating
Older surveys are often relied upon; updates
ordered only when significant change is suspected
Forensic Review
ALTA survey is a baseline document for any
commercial property dispute
Boundary survey is often the starting point for
residential boundary disputes
A Note on Residential Practice
Many residential transactions close with no current survey at all — the buyer relies on the title insurance policy with a survey exception. This is common practice in many markets but creates exposure. A boundary survey is generally inexpensive relative to the cost of resolving a boundary dispute after closing, and I recommend ordering one for most residential transactions where there is any reason to question the boundaries.
Survey Review Checklist for Owners and Their Advisors
Side-by-side items to verify before relying on the deliverable
Use this checklist when reviewing a survey deliverable, whether for a transaction, design work, or in connection with a dispute. The items reflect what to look for during forensic review. 🏢🏢 COMMERCIAL
🏠🏠 RESIDENTIAL
☑ ALTA/NSPS 2021 standards explicitly referenced
☑ Surveyor licensed in state of project
☑ Certification names all required parties (buyer, lender,
☑ Boundary corners marked / monuments shown
☑ All Table A items requested are addressed on drawing title co.)
☑ Surveyor's seal and signature present
☑ Date of field work shown (not just plan date) ☑ Vertical datum stated (typically NAVD 88)
☑ Horizontal datum / basis of bearings stated
☑ All title commitment items plotted or noted
☑ Encroachments identified by symbol and note
☑ Easement document references (Doc #, Book/Page) shown
☑ Survey current (typically within last 12 months) ☑ All fences and visible improvements shown ☑ Encroachments identified clearly
☑ House and accessory structures dimensioned ☑ Required setbacks indicated where relevant
☑ Easements within property plotted if known ☑ Driveways and access points shown
☑ Surveyor's signature and seal present
☑ Date of survey and date of plan distinct
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☑ Building setback dimensions to property lines
☑ Any unresolved boundary questions noted
☑ Gross land area (Item 4) calculated
☑ If no current survey: consider ordering one
☑ Flood zone (Item 3) shown with FIRM panel reference ☑ All Table A items missing called out in certification
☑ Adjoining ownership shown if reasonably known
Composite Forensic Cases
Patterns from survey-related investigations
The following are composite scenarios assembled from patterns encountered in forensic practice. Specific project details have been changed; the issues represented are typical of real cases. 🏠🏠 RESIDENTIAL
Adjoining Owner's Driveway Across Property Line
Residential buyers purchased a single-family home in an older suburban neighborhood. No current survey was ordered; the buyers relied on the title policy with a survey exception. After moving in, the buyers discovered that the adjoining property's gravel driveway had been crossing the back portion of their property for many years, and the adjoining owner asserted a prescriptive easement based on long-standing use. The buyers had no clean record of when the use began, no current survey, and no easy basis to challenge the assertion. OUTCOME: After consultation with counsel and the eventual ordering of a boundary survey, the buyers and adjoining owner negotiated a written access easement that limited but allowed the driveway use. Total legal cost was approximately $18,000. A boundary survey ordered before closing — at a cost in the low four figures — would have identified the encroachment and allowed it to be addressed during negotiation. 🏢🏢 COMMERCIAL
Datum Confusion Affecting Flood-Plain Compliance
A mixed-use developer designed a project to specific finished floor elevations based on the ALTA survey, which used NAVD 88. The FEMA Flood Insurance Rate Map for the site referenced an older datum (NGVD 29). The design team did not reconcile the two datums and used elevation values directly without conversion. When the foundation was poured, the actual finished floor elevation — when checked against the FEMA map in NGVD 29 — was below the design flood elevation. Verification of the issue, after-the-fact analysis, and a Letter of Map Amendment process followed. OUTCOME: Resolution required engineering analysis, FEMA correspondence, and ultimately a Letter of Map Revision Based on Fill (LOMR-F). The project was permitted to remain at its as-built elevation but the process consumed several months and approximately $65,000 in engineering and submittal costs. A datum check at the start of design would have prevented the issue entirely. © 2026 Construction Science Forensics • Page 9 of 10
Key Takeaways for Owners and Their Advisors
✓ Practical Recommendations from Forensic Practice
- On commercial transactions, order an ALTA/NSPS Land Title Survey to the 2021 standards; the base survey is not enough
- Specify Table A items in writing before placing the order; the typical default scope misses items most projects need
- Review the survey item-by-item with counsel before closing — encroachments and easement discrepancies should be flagged
- Verify the vertical datum and confirm all design, FEMA, and survey documents are on the same reference
- For residential transactions, consider ordering a boundary survey — the cost is modest relative to dispute resolution
- Treat survey notes as substantive content, not boilerplate; the surveyor is communicating what they observed
- Update the survey when there has been substantial change to the property or as required by lender
- Document the chain of survey ownership; keeping prior surveys is useful for forensic review later
"If you have encountered a survey-related issue that surfaced after closing — encroachment, easement, datum, or otherwise — I would be interested to hear about the pattern. These observations are useful to share."
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