Bulletin: WI2014003

Dear Associates:

Stewart Title Guaranty Company seeks to clarify the current requirements for owner's title insurance in Wisconsin, as it may be affected by the possible severance of rights in minerals and other subsurface and surface substances. 

Underwriting Requirements:

In order to proceed without exception for outstanding rights to minerals, comply with one of the following requirements:

(1)  Verify that there is no separate interest for minerals or other subsurface substances on the subject property with a search from patent forward and other relevant inquiry by issuing agent as to past, current and planned use of the subject property; or

(2)  On single-family residences within platted subdivisions, apartment complexes, office buildings and shopping centers, complete a 40-year tract search and other relevant inquiry without any evidence of the following:

a)  Severance of minerals or other subsurface substances (including but not limited to reservation, exception for or conveyance, mortgage, assignment of any mineral or subsurface interest).

b) Statement of Claim by owner of the mineral interest, as contemplated by Wisconsin Statutes Section 706.057.

c)  Knowledge of actual past, current or planned development of mineral or other subsurface substances on the subject property or near to it; or 

(3) If not otherwise addressed above, secure underwriter approval.

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

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