ALTA Land Title Survey: Condominiums

—Gary Kent

Q: In my 30 plus years of surveying, I don’t believe that I have ever been involved in an ALTA/ACSM Land Title Survey on a condominium unit—until now. Even though the condo documents represent an “as-built” of the unit, my client has asked for an “updated” as-built and suggested using the ALTA/ACSM certification. I think it might be difficult to meet the minimum standards such as mathematical closure and showing bearings and distances along the boundary of the unit. And is a condo unit actually real property?

A: Condo units are real property—essentially a box of air, but real estate. Virtually every time someone requests a Land Title Survey of a condo unit it is because someone in the process simply does not understand. Usually a conversation with the title company or a knowledgeable attorney involved in the deal will clear it up, and everyone will agree that they actually do not need the survey.
If, however, someone absolutely insists that they do want and need the survey (which would most likely mean that everyone involved is totally ignorant as to the issues), the survey would probably end up looking like the condo as-builts and development plan. There are no bearings or distances associated with the condo interest and therefore no closure to calculate!