Bulletin: SLS2012012

Dear Associates:

This bulletin reminds you of the preferred method of describing certain easements as exceptions in Schedule B.  

When drafting an easement exception for Schedule B of a commitment, preliminary report or title policy, if the recorded instrument creating the easement contains references to specific land elevations or contour lines (e.g., if the easement burdens land below a certain elevation or contour line), you should nevertheless refrain from stating the specific numerical height of such elevations or the specific numerical value of such contour lines in the Schedule B exception that describes the easement where such easement instrument involves the United States Army Corps of Engineers, or any other instruments, without approval of an underwriter.

As a reminder, the easement exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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