NJRB 5-159 Endorsement 28.2-06 (Encroachments - Boundaries and Easements - Described Improvements) (New Jersey Variation)

ENDORSEMENT

Attached to Policy No. __________

Issued by

STEWART TITLE GUARANTY COMPANY

1.     The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.

2.     For purposes of this endorsement only, “Improvement” means each improvement on the Land or adjoining land at Date of Policy, itemized below:

3.     The Company insures against loss or damage sustained by the Insured by reason of:

a.     An encroachment of any Improvement located on the Land onto adjoining land or onto that portion of the Land subject to an easement, unless an exception in Schedule B of the policy identifies the encroachment;

b.     An encroachment of any Improvement located on adjoining land onto the Land at Date of Policy, unless an exception in Schedule B of the policy identifies the encroachment;

c.     Enforced removal of any Improvement located on the Land as a result of an encroachment by the Improvement onto any portion of the Land subject to any easement, in the event that the owners of the easement shall, for the purpose of exercising the right of use or maintenance of the easement, compel removal or relocation of the encroaching Improvement; or

d.     Enforced removal of any Improvement located on the Land that encroaches onto adjoining land.

4.     Sections 3.c. and 3.d. of this endorsement do not insure against loss or damage (and the Company will not pay costs, attorneys’ fees, or expenses) resulting from the following Exceptions, if any, listed in Schedule B: __________

[The Company may list any Exceptions appearing in Schedule B for which it will not provide insurance pursuant to Section 3.c.or Section 3.d.  The Company may insert “None” if it does not intend to limit the coverage.]

THIS ENDORSEMENT IS VOID IF ATTACHED TO AN OWNERS’ POLICY.

[Witness clause optional]

STEWART TITLE GUARANTY COMPANY

By: _______________________________________

            Authorized Signatory