A.5.1.11 ALTA Survey General Requirements (see Chapter 19)

A. An ALTA/NSPS Land Title Survey is required and must conform to the instructions set forth on the form HUD-91073M, HUD Survey Instructions and Surveyor’s Report (including the Table A items listed and

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certification set forth in the form), which instructions relate both to form HUD-91073M, HUD Survey Instructions and Surveyor’s Report , and to the Survey that the surveyor must produce. The Survey shall be dated, signed and sealed within 180 days before initial closing, meaning that the field work was performed or updated no earlier than 180 days prior to closing. Local discretion, in accordance with local waiver procedures as applicable, is given to the HUB Director to waive the 180-day limit. (Download the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Survey at https://cdn.ymaws.com/www.nsps.us.com/resource/resmgr/ALTA_Standards/2016_Standards.pdf ).

B. The Survey shall show all easements, apparent interests (including railroads), or encroachments upon the property or from the property onto contiguous parcels of land. These easements or encroachments must be acceptable to HUD.

1. All easements, restrictions and exceptions on the title policy shall be shown. Blanket easements that cannot be plotted shall be listed with their recording information.

2. Maintenance, joint use, easement, and other agreements may be required. In cases where common facilities exist between the insured parcel and an adjacent parcel, the Borrower must provide for recordation of an agreement for the common use of 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 rights to the HUD project site and its tenants to use the common facilities and provide for an equitable and certain method for funding shared costs for repair and replacement of common facilities.

3. If the HUD project is subject to condominium and property/homeowner association documents, these documents may provide for maintenance, access, and cost sharing.

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

5. Lender must provide form HUD-91073M, HUD Survey Instructions and Surveyor’s Report , signed within 180 days before initial closing by a licensed surveyor, not by an engineer, and bearing the surveyor's original signature and professional seal. Local discretion, in accordance with local waiver procedures as applicable, is given to the Regional Center/Satellite Office director to waive the 180day limit. The Surveyor’s Report supplements the ALTA/NSPS Land Title Survey and must describe with specificity where the conditions described in the Surveyor’s Report are physically observed on the property.

6. In the event that proposed alterations and repairs in a proposed refinancing include site grading or site utility work to remedy an observed drainage or other problem related to site elevations, then the HUD office may require Item 5 of Table A (topographic contour intervals) of the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Survey.