19.4.7.6 Survey, Survey Map/Plat and Surveyor’s Report.

• A. Survey Map Plat. The plat should contain the following:

1. Form. When a survey is required for closing (see applicable closing checklists and instructions elsewhere in this Guide), an ALTA/NSPS Land Title Survey map or plat (the Survey) and a surveyor’s report supplementing the Survey must be submitted, and must conform to the instructions and form set forth in the Survey Instructions and Surveyor’s Report (form HUD-91073M) (the Surveyor’s Report), including the listed ALTA/NSPS Table A items and the required certification.

2. Date. The current Survey and Surveyor’s Report must be signed and sealed by the surveyor not more than 180 days prior to closing. The date of the last site inspection/field work must be no more than 180 days prior to closing. The RC Director, in consultation with the HUD Closing Attorney, may extend the 180 timeframes at its reasonable discretion. If the RC Director allows for most recent fieldwork to be completed more than 180 days prior to closing, Lender must submit a Survey Affidavit of No Change from Borrower, in a format similar to the sample included at Section 19.10. All references to 180 days in this paragraph are reduced to 120 days for as-built surveys submitted for final closing of a construction Loan. See Section 19.5.9.

3. All Identifiable Interests Must Appear. The Survey must show all identifiable easements, apparent interests (including railroads), and encroachments on the Land, and from the Land onto contiguous parcels. All identified interests must be acceptable to the RC Director, in consultation with the HUD Closing Attorney. All plottable easements, restrictions and exceptions shown on the Title Policy, including existing maintenance, joint-use, easement, and other agreements, must be depicted on the Survey. Blanket easements that cannot be plotted must be listed with recording information, and notation “not plottable” or equivalent must appear next to the title exception.

4. Access. All access roads must be labeled as public or private, as applicable.

5. Common Elements . When a Project includes common facilities not exclusive to the Project, Borrower must provide for recordation of an agreement for the shared common use of applicable land and facilities (e.g . , common drives, common lobbies, elevators, walkways, utility roads, parking structures, recreation facilities, storm water management facilities (retention ponds, detention ponds, swales, and culverts), or other common facilities). The agreement must grant shared rights to Borrower, with rights of use for tenants, and must run with the land. All common elements, including common elements located on adjacent parcels, must be depicted and labeled on the Survey, unless the RC Director determines that such depiction is not necessary.

6. Declarations. When the Project is subject to condominium, property/homeowner association, or other HUD-approved covenant or declaration, (e.g . , documents providing for maintenance, access, or cost sharing) and the document(s) affect Borrower’s interest in the Land (e.g . , air rights), they must be shown or referenced on the Survey.

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Chapter 19 Closing Guide 19.4 Document and Diligence Requirements

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7. New Agreements Required After Survey Review. After survey review, the RC Director, in consultation with the HUD Closing Attorney, may determine that a recordable maintenance, joint use, easement, or other agreement is necessary to mitigate risk of identifiable rights or third-party use, etc. If so, the RC Director will notify the Lender of the need for a new agreement. Once created, any new agreement must be depicted (or referenced, if not plottable) on Survey, and recorded sufficiently in advance to allow for such depiction; the RC Director, in consultation with the HUD Closing Attorney, may deviate from this Survey requirement in exigent circumstances.

B. Surveyor’s Report. The Survey must be supplemented with the Surveyor’s Report. The Surveyor’s Report must be signed and dated on or after the date of the last revision to the Survey, and must be completed by a licensed surveyor, not merely an engineer, and bear the surveyor's original signature (or other legally effective authentication), and professional seal.