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July/August 2011

The 2011 ALTA/ACSM Land Title Survey Standards

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The 2011 ALTA/ACSM Land Title Survey Standards By Richard Bales & Gary R. Kent

The American Land Title Association and the National Society of Professional Surveyors have recently adopted the 2011 version of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys—by far the most significant revision to those standards since their initial adoption in 1962.

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Feature Articles
  • The 2011 ALTA/ACSM Land Title Survey Standards
  • By Richard Bales & Gary R. Kent
    • The American Land Title Association and the National Society of Professional Surveyors have recently adopted the 2011 version of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys—by far the most significant revision to those standards since their initial adoption in 1962.
  • Avoiding the Lock Step: Advising Clients on Their IRA Options
  • By John Strohmeyer
    • Although contributing to an IRA is fairly simple, clients and their advisors are often confused by the multiple layers of law that they must navigate when it comes time to take advantage of their IRA, which is often their largest retirement asset.
  • Drafters Beware: Do Not Get Trapped by Silence in a Lease
  • By Michael N. Samuels
    • In a commercial lease, silence can be much more powerful than words, and both landlords and tenants should include in their assignment and sublease provisions explicit language setting forth the standard of review and the conditions that will permit the landlord to withhold its consent to the assignment or sublease.
  • Postmortem Life On-line
  • By Naomi Cahn
    • Although there are strong and persuasive arguments that online assets should be treated in the same way as brick-and-mortar assets, able to be marshaled by executors and personal representatives, these arguments are just beginning to be developed.
  • Give Them Their Due: Due Diligence in Commercial Real Estate Transactions
  • By R. Kymn Harp
    • One of the sizzling hot topics to surface during the Great Recession of the past few years has been commercial real estate due diligence.
  • The Dance Continues—Post-Death Use of Entity Assets to Pay Estate Obligations
  • By Tye J. Klooster & Stephanie Loomis-Price
    • A number of cases have addressed post-death payments from partnerships and this article summarizes alternate approaches to provide liquidity to pay estate administration expenses, including estate and inheritance taxes.
  • The Priority Fight Between the Second Mortgagee and the Subrogated Insurance Carrier
  • By Roger Bernhardt
    • If a property insurer that insured the rights of both the first and the second mortgagees pays the first mortgagee for lost or damaged property, does this insurer obtain a right to the residual value of the property through subrogation or assignment that is superior to the rights of the second mortgagee notwithstanding the inclusion of a nonimpairment clause in the policy?
  • Basic Principles of Estate Planning Within the Context of Jewish Law
  • By K. Eli Akhavan
  • Jewish law, the halakha, places certain limitations on an individual’s testamentary freedom, and practitioners with clients that wish to synthesize their Jewish religious beliefs with testamentary flexibility face unique and complex challenges.

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