# Texas Survey Analysis and Exception Deletion

## Table of Contents
1. [Overview](#overview)
2. [Survey Types and Standards](#survey-types-and-standards)
3. [Survey Components](#survey-components)
4. [Exception Deletion Analysis](#exception-deletion-analysis)
5. [Common Survey Issues](#common-survey-issues)
6. [Encroachment Analysis](#encroachment-analysis)
7. [Easement Analysis](#easement-analysis)
8. [Boundary Issues](#boundary-issues)
9. [Survey Affidavits](#survey-affidavits)
10. [Title Insurance Endorsements](#title-insurance-endorsements)
11. [Survey Checklist](#survey-checklist)

---

## Overview

### Purpose of Survey Review

Survey review serves two primary functions in title examination:
1. **Exception Deletion**: Remove/modify standard "survey matters" exception
2. **Issue Identification**: Discover problems not shown in public records

### Texas Title Examination Standards

**Standard 11.10**: A survey is not required for examination of title, but may be necessary to:
- Delete survey-related exceptions
- Verify legal description accuracy
- Identify encroachments, easements, and boundary issues
- Confirm improvements are within property lines

### Survey Exception (Standard Language)

> "Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records."

**Goal**: Replace blanket exception with specific exceptions for matters shown on survey.

---

## Survey Types and Standards

### ALTA/NSPS Land Title Survey

**Gold standard** for title insurance purposes.

**Minimum Standard Detail Requirements**:
- Joint standard of ALTA and NSPS (National Society of Professional Surveyors)
- **Current version**: 2021 Minimum Standard Detail Requirements
- **Effective date**: February 23, 2021
- **Adopted**: October 30, 2020 by NSPS Board of Directors
- Includes Table A optional items (19 items)

**Relative Positional Precision** (Section 3.E.i):
- Standard: **2 centimeters (0.07 feet) plus 50 parts per million**
- Based on horizontal positions of monuments/points at 95% confidence level
- Local accuracy relative to other measured points in survey

**Required Elements** (Sections 5 & 6):
- Perimeter boundary with monuments
- All improvements (location to boundary lines within Relative Positional Precision)
- Recorded easements (plotted if locatable from record description)
- Rights of way
- Evidence of access to public way
- Gross land area (unless Table A item 3 deleted)
- Surveyor certification meeting Section 7 requirements

### Table A Optional Items (2021 Standards)

> **Note**: Items 12, 14, and 15 were deleted in prior revisions; numbering preserved for continuity.

| Item | Description | When Needed |
|------|-------------|-------------|
| **1** | Monuments placed (or a reference to an agreement to defer) | All surveys—confirms boundary corners |
| **2** | Flood zone classification (with options): | Lender requirement |
| | (a) Zone per FEMA map with community/panel/date | |
| | (b) Horizontal location of mapped floodplain | |
| | (c) Location of flood zone boundary if determinable | |
| **3** | Gross land area (square feet or acres) | Acreage verification; part of base survey unless deleted |
| **4** | Vertical relief with source of datum | Development sites requiring topographic data |
| **5** | Current zoning classification, setbacks, height/floor restrictions | Commercial/development; zoning compliance |
| **6(a)** | Exterior dimensions of all buildings at ground level | Most transactions |
| **6(b)** | Square footage of exterior footprint at ground level | Commercial—gross building area |
| **7(a)** | Height of all buildings above grade | Commercial; varies by zoning requirements |
| **7(b1)** | If no existing improvements: height restrictions per zoning | Development sites |
| **7(b2)** | For new improvements: if consistent with zoning restrictions | New construction |
| **7(c)** | Elevation of lowest floor (including basement) | Flood zone properties |
| **8** | Substantial features within 5 feet of property lines | Encroachment detection—fences, walls, etc. |
| **9** | Number and type of parking spaces; striping; ADA spaces | Commercial properties |
| **10(a)** | Party walls: relationship determined by title records | Multi-unit/attached buildings |
| **10(b)** | Party walls: determination from observed evidence/names | When title records unavailable |
| **11(a)** | Location of utilities (lines/facilities) from record documents | Development planning; underground utilities |
| **11(b)** | Location of utilities observed on-site | Visible utilities, poles, meters |
| **13** | Names of adjoining owners from current tax records | Boundary disputes; neighbor identification |
| **16** | Evidence of recent earth moving, construction, building | Recent construction; mechanic's lien issues |
| **17** | Location of wetlands (if delineation provided) | Environmental compliance |
| **18** | Offsite easements or servitudes for access/utilities | Landlocked parcels; access verification |
| **19** | Professional liability insurance (surveyor carries) | Lender requirement; risk management |
| **20** | Plottable recorded documents per Schedule B-II | Title examination support |
| **21** | Professional opinion on point of beginning location | Complex legal descriptions |

### Texas Society of Professional Surveyors Categories

| Category | Purpose | Detail Level |
|----------|---------|--------------|
| **Category 1A** | Land Title Survey (ALTA) | Highest—title insurance |
| **Category 1B** | Boundary Survey | Boundary only, less detail |
| **Category 2** | Topographic Survey | Elevation/contours |
| **Category 3** | Route Survey | Linear corridors |
| **Category 4** | Construction Staking | Development |

### Survey Age Requirements

**Title Company Policies Vary**:

| Age | Typical Treatment |
|-----|-------------------|
| < 90 days | Current; generally accepted |
| 90 days - 6 months | May accept with T-47 affidavit |
| 6 months - 1 year | Often requires update or recertification |
| > 1 year | Typically requires new survey or recertification |

**Recertification**: Surveyor inspects property and recertifies prior survey is still accurate.

---

## Survey Components

### Certification (Section 7 Requirements)

**Required Elements** (per 2021 Standards Section 7):
- Caption identifying parties survey was prepared for
- Caption identifying responsible surveyor
- State in which surveyor is registered
- Signature and seal of surveyor
- Date of certification (may differ from fieldwork date)
- Specific mention of ALTA/NSPS standards
- List of Table A items included
- Legal description of property

**Official Certification Language** (Section 7.C):
```
To [named insured and/or lender], [name of surveyor] certifies that
this map or plat and the survey on which it is based were made in
accordance with the 2021 Minimum Standard Detail Requirements for
ALTA/NSPS Land Title Surveys, jointly established and adopted by
ALTA and NSPS, and includes Items [list Table A items] of Table A
thereof. The fieldwork was completed on [date].

Date of Plat or Map: [Date]
Date of Certification: [Date]

[Surveyor Signature]
[Name], RPLS [Number]
Texas Registered Professional Land Surveyor
```

**Jurisdictional Requirements** (Section 7.D):
- Certification must also comply with all applicable jurisdictional requirements
- In Texas: Must include RPLS seal and signature per Texas statutes

**Non-Certification Plat** (Section 7.E):
- If not certified to specific party, must include: "This map or plat is not valid without the signature and the original raised seal of a Surveyor."

### Records Research (Section 4)

**Documents Provided to Surveyor** (per Section 2):
The client/title company must provide:
- Record descriptions of property and adjoining parcels
- Record easements and servitudes (appurtenant and encumbering)
- All recorded easements and servitudes that could affect the property
- Record documents for improvements straddling property lines
- Record agreements regarding boundary adjustments or disputes
- If Table A item 20: Complete Schedule B-II exceptions with recording information

**Surveyor's Research Obligations** (Section 4):
- Title company typically provides record information for ALTA surveys
- Surveyor may conduct independent research per jurisdictional standards
- Physical evidence observed must be reconciled with record documents

### Legal Description Verification

**Compare Survey to Commitment**:

| Element | Must Match |
|---------|------------|
| Beginning point | Exact (monument, coordinates) |
| Bearings | Direction and degrees/minutes/seconds |
| Distances | Feet and decimal feet |
| Curves | Radius, arc length, chord |
| Area | Acres or square feet |
| Lot/Block/Subdivision | If platted property |

**Common Discrepancies**:
- Bearing called vs. measured
- Distance called vs. measured
- Monuments not found
- Positional accuracy must meet Relative Positional Precision standard: **2 cm + 50 ppm** (per Section 3.E)

> **Note**: The 2021 Standards replaced the older "closure" ratio with Relative Positional Precision, measuring local accuracy between adjacent points at a 95% confidence level.

### Boundary Lines

**Survey Should Show**:
- All corners monumented
- Bearings and distances for each line
- Curve data for curved boundaries
- Relationship to adjacent properties
- Record vs. measured comparison (if different)

### Improvements

**Must Be Located**:
- All buildings and structures
- Driveways and parking areas
- Fences and walls
- Patios, decks, pools
- Sidewalks and walkways
- Signs and monuments
- HVAC equipment, tanks

**Distances Required**:
- From improvements to all property lines
- From improvements to easements
- Between buildings (if relevant)

### Easements

**For Each Easement**:
- Recorded location plotted (if locatable)
- Widths and boundaries shown
- Recording reference noted
- Physical evidence (if any)

**"Blanket" Easements**: Cover entire property; note "blanket" on survey.

---

## Exception Deletion Analysis

### Standard Survey Exception

**Before Survey**:
> "Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose..."

**After Acceptable Survey**:
> [Exception deleted] or modified to specific matters shown on survey

### Deletion Requirements

**Survey Must**:
1. Be current (per title company standards)
2. Be certified to title company and/or lender
3. Meet ALTA/NSPS standards (usually)
4. Show no encroachments, conflicts, or discrepancies
5. Be accompanied by T-47 Affidavit (Texas requirement)

### Modification Instead of Deletion

**If Survey Shows Issues**, exception modified to:
> "Matters shown on survey dated [Date] by [Surveyor], specifically: [list items]"

**Example Modified Exception**:
> "Survey dated January 15, 2026 by ABC Surveying, RPLS #12345, discloses: (a) fence along north boundary encroaches onto adjacent property by 0.5 feet; (b) 10-foot utility easement along east property line"

---

## Common Survey Issues

### Categorization Matrix

| Issue | Severity | Typical Resolution |
|-------|----------|-------------------|
| Minor fence encroachment (<6") | Low | Note in policy; usually accepted |
| Fence on wrong side of line | Medium | Boundary agreement or relocation |
| Building encroachment | High | Encroachment agreement, easement, or cure |
| Setback violation | Medium-High | Variance, zoning change, or cure |
| Easement encroachment | Medium-High | Relocation or easement modification |
| Access issue | High | Must resolve before closing |
| Shortage in area (>5%) | Medium-High | Price adjustment or termination |

### Issue Resolution Flowchart

```
Survey shows issue
├── Encroachment?
│   ├── Subject encroaches OUT → Neighbor agreement needed
│   └── Neighbor encroaches IN → May note or require agreement
├── Easement conflict?
│   ├── Building in easement → High risk; relocate or agreement
│   └── Minor improvement → May be insurable
├── Setback violation?
│   ├── Pre-existing nonconforming → May be grandfathered
│   └── New construction → Variance or relocation
└── Boundary dispute?
    ├── Minor discrepancy → May accept with affidavit
    └── Major conflict → Quiet title or boundary agreement
```

---

## Encroachment Analysis

### Types of Encroachments

**Subject Property Encroaches OUT**:
- Building/improvement crosses onto neighbor
- Fence beyond property line
- Driveway onto adjacent lot

**Risk**: Neighbor could require removal or claim adverse possession

**Neighbor Encroaches IN**:
- Adjacent structure crosses onto subject
- Neighbor's fence on subject property
- Overhanging structures

**Risk**: May claim prescriptive easement or adverse possession

### Encroachment into Easement

| Easement Type | Encroachment Risk |
|---------------|------------------|
| Utility | Utility may require removal |
| Access | May block required access |
| Drainage | May cause flooding liability |
| Building setback | Zoning violation |

### Resolution Options

**Encroachment Agreement**:
- Written agreement between parties
- Recorded in property records
- Permits encroachment to remain
- May include maintenance obligations

**Easement for Encroachment**:
- Formal easement from affected party
- Permanent right for encroachment
- Runs with land

**Removal/Relocation**:
- Physical cure of encroachment
- Fence relocation
- Structure modification

**Title Insurance**:
- Some encroachments insurable with affirmative coverage
- Underwriter approval required
- May require indemnity

### De Minimis Encroachments

**Generally Insurable Without Cure**:
- Fence encroachment < 6 inches
- Eave overhang < 12 inches
- Underground utility encroachment
- Landscaping encroachment

**Title Company Discretion**: Each underwriter has guidelines.

---

## Easement Analysis

### Easement Location Verification

**For Each Recorded Easement**:

1. **Locate on Survey**: Is easement plotted?
2. **Compare to Deed**: Does location match recorded document?
3. **Check for Improvements**: Any structures in easement area?
4. **Identify Physical Evidence**: Utility boxes, paths, poles?

### Easement Types and Survey Concerns

| Easement Type | Survey Shows | Concern |
|---------------|--------------|---------|
| **Utility** | Overhead lines, poles, boxes | Building clearance |
| **Underground** | Markers, manholes, valves | Dig restrictions |
| **Access** | Driveway, path | Obstruction issues |
| **Drainage** | Swales, pipes, inlets | Flood risk |
| **Conservation** | Boundaries of protected area | Use restrictions |

### Blanket Easements

**Definition**: Easement covering entire property without specific location.

**Survey Treatment**:
- Note "blanket easement" in schedule
- Cannot plot specific location
- Remains as exception to title

**Common Blanket Easements**:
- Utility easements in older subdivisions
- Pipeline easements without specific corridor
- Mineral access easements

### Unrecorded Easements

**Survey May Reveal**:
- Visible utility lines not in records
- Worn paths indicating access
- Drainage patterns
- Neighbor's driveway crossing property

**Title Treatment**:
- Investigate for recorded basis
- May require affidavit
- Add as specific exception

---

## Boundary Issues

### Gap or Overlap

**Gap**: Survey shows property does not include strip claimed.
**Overlap**: Survey shows property includes land also claimed by neighbor.

**Resolution**:
1. Obtain adjoining surveys for comparison
2. Research original subdivision plats
3. Consider quiet title action
4. Negotiate boundary agreement

### Shortage in Area

**Calculation**:
```
Shortage % = (Deed Area - Survey Area) / Deed Area × 100
```

| Shortage | Treatment |
|----------|-----------|
| < 2% | Usually de minimis; disclose |
| 2-5% | Material; buyer may negotiate |
| > 5% | Significant; may affect deal terms |

**Title Policy**: Will insure actual surveyed area, not deed area.

### Excess in Area

**Survey shows MORE than deed**:
- Verify legal description accuracy
- Check for adverse possession claim
- May need to quiet title to excess

### Monuments vs. Calls

**Hierarchy of Calls** (Texas Law):
1. Natural monuments (river, tree)
2. Artificial monuments (iron pin, concrete marker)
3. Adjoining boundaries
4. Courses and distances
5. Area (acreage)

**Survey Finding**: Monument not at called location
- Monument generally controls
- May need correction deed or quiet title

---

## Survey Affidavits

### T-47 Affidavit (Surveyor's Affidavit)

**Texas-specific requirement** for survey exception deletion.

**Required Content**:
- Property legal description
- Date of original survey
- Surveyor's certification that:
  - No changes to boundary since survey
  - No new construction since survey
  - Survey accurately reflects current conditions

**Form**: Texas Department of Insurance Form T-47

### Owner's Affidavit (Survey Matters)

**Supplements survey** when:
- Survey is older (6+ months)
- T-47 not available
- Title company requires additional assurance

**Owner Certifies**:
- No new improvements since survey date
- No boundary disputes known
- No unrecorded easements known
- No changes to property lines

### Affidavit of No Change

**Used When**:
- Recertification not possible
- Surveyor unavailable
- Cost savings needed

**Must Be Paired With**:
- Older survey
- Title company approval
- May require inspection

---

## Title Insurance Endorsements

### T-19 (Survey Endorsement)

**Purpose**: Affirmative coverage for survey matters.

**Coverage Includes**:
- Forced removal of improvements due to:
  - Exercise of easement rights
  - Encroachment onto adjoining land
  - Encroachment onto easement
- Setback violations
- Location of improvements

**Requirements for Issuance**:
- Current ALTA/NSPS survey
- T-47 affidavit
- Survey shows no material issues (or issues noted)

### T-19.1 (Contiguity Endorsement)

**For Multiple Parcels**: Confirms parcels are contiguous.

**Requirements**:
- Survey showing all parcels
- No gaps between parcels
- Common boundary confirmed

### T-19.2 (Same as Survey)

**Confirms**: Legal description in policy matches survey.

### T-19.3 (Lot and Block Endorsement)

**For Platted Property**: Confirms lot conforms to recorded plat.

### T-25 (Location Endorsement)

**Lender's Endorsement**: Confirms improvements as security.

**Coverage**:
- Improvements located on property
- No encroachment violations
- Address matches

---

## Survey Checklist

### Initial Review

- [ ] **Survey Date**: Current per title company standards?
- [ ] **Surveyor**: Licensed Texas RPLS?
- [ ] **Standards**: ALTA/NSPS 2021 (or current)?
- [ ] **Certification**: To title company and lender?
- [ ] **Table A Items**: Required items included?

### Legal Description Comparison

- [ ] **Boundary matches** commitment legal description?
- [ ] **Lot/Block** correct (if platted)?
- [ ] **Area** reasonably matches deed?
- [ ] **Beginning point** identified?
- [ ] **Closure** acceptable?

### Improvements Review

- [ ] **All buildings** shown with dimensions?
- [ ] **Distances to property lines** noted?
- [ ] **Setbacks** comply with zoning?
- [ ] **No encroachments** over property lines?
- [ ] **No encroachments** into easements?

### Easement Review

- [ ] **All recorded easements** plotted?
- [ ] **Blanket easements** noted?
- [ ] **Physical evidence** of unrecorded easements?
- [ ] **Access** confirmed?
- [ ] **Utilities** located?

### Exception Deletion Analysis

- [ ] **Survey acceptable** for deletion?
- [ ] **T-47 affidavit** obtained?
- [ ] **Issues identified** for modified exception?
- [ ] **T-19 endorsement** available?

### Issues Requiring Action

- [ ] **Encroachments**: List and evaluate each
- [ ] **Setback violations**: Determine if curable
- [ ] **Easement conflicts**: Resolution needed?
- [ ] **Boundary disputes**: Investigation required?
- [ ] **Area shortage**: Material?

---

## Reference: Key Terms

| Term | Definition |
|------|------------|
| **ALTA** | American Land Title Association |
| **NSPS** | National Society of Professional Surveyors |
| **RPLS** | Registered Professional Land Surveyor (Texas) |
| **Encroachment** | Improvement extending beyond property boundary |
| **Setback** | Required distance from property line to structure |
| **Easement** | Right to use another's land for specific purpose |
| **Monument** | Physical marker defining boundary point |
| **Relative Positional Precision** | 2021 accuracy standard: 2 cm + 50 ppm at 95% confidence |
| **T-47** | Texas surveyor affidavit form |
| **T-19** | Texas survey endorsement |

---

## Authority

**Primary Source**: 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys

- **Effective Date**: February 23, 2021
- **Adopted by NSPS**: October 30, 2020
- **Joint Standard**: American Land Title Association (ALTA) and National Society of Professional Surveyors (NSPS)
- **Copyright**: 2021 ALTA and NSPS. All rights reserved.
- **ALTA**: 1800 M St., N.W., Suite 300S, Washington, D.C. 20036-5828 (www.alta.org)
- **NSPS**: 5119 Pegasus Court, Suite Q, Frederick, MD 21704 (www.nsps.us.com)

> This reference file incorporates content from the official 2021 ALTA/NSPS Minimum Standard Detail Requirements. For authoritative guidance, always consult the current published standards from ALTA and NSPS.