2026 ALTA/NSPS Survey Standards Update: Key Takeaways for Commercial Real Estate
Effective Feb. 23, the new American Land Title Association (ALTA)/National Society of Professional Surveyors (NSPS) Minimum Standard Detail Requirements for Land Title Surveys will replace the 2021 standards. The updates modernize survey practices, clarify risk allocation, and improve communication among surveyors, title insurers, lenders, and property owners. Below, Taft’s Real Estate team has outlined some of the more notable and practical changes in the new 2026 standards.
Shift in Records Research Responsibilities
Surveyors are no longer reliant on title insurers to provide adjoining property deeds and may need to obtain those records themselves, while still requiring a title commitment or equivalent title evidence to complete the survey. To the extent a surveyor is required to pull such records for a project, developers and lenders may face modest cost and timing impacts. There may also be a need for earlier confirmation that surveyors are scoped to obtain necessary records if they are not otherwise being provided.
Enhanced Easement and Boundary Reporting
The standards clarify that easements may terminate through various legal mechanisms, aside from a recorded termination instrument, and provide structured expectations for reporting easements shown in title commitments. This better aligns with the practical realities that often arise in researching and reviewing the chain of title for a property, where easements and other instruments are often determined to have terminated or expired by means other than a recorded release. This should result in an expedited process for resolving questionable encumbrances on title commitments, thereby reducing underwriting uncertainty and post-closing disputes.
Expanded Certification Flexibility
Surveyors may now expressly certify surveys to lenders’ successors and assigns — including syndicated loan and secondary market structures — addressing a common request of lenders, and facilitating common commercial financing and assignment practices.
Table A Updates and Standardized Encroachment Disclosure
A new optional Table A item allows surveyors, upon request, to provide a structured summary of significant observed conditions, including potential encroachments across boundary lines, into easements or rights-of-way, or into setback areas. The standards also encourage documentation of observed third-party use without recorded easements and access dependent on common ownership. These were common requests in practice by parties involved in reviewing surveys, and this change should help standardize a practice that previously varied by surveyor and was often negotiated ad hoc with surveyors. The enhanced disclosure provided by this Table A item should help reduce underwriting uncertainty, but those involved should be mindful that it can also identify further potential encumbrances that should be closely examined.
The 2026 ALTA/NSPS standards modernize technical survey standards, shift certain diligence responsibilities, and introduce more standardized encroachment and property-use disclosures that may materially affect underwriting and transactional risk allocation. Early coordination among surveyors, title companies, developers, and lenders will help mitigate closing delays and unexpected curative requirements.
For questions about the new standards, please contact John Cagigas or any member of Taft’s Real Estate group.
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