Easements
Underwriting Manuals
- 1.48 Air Space And Air Rights.
- 4.08 Dedicated Areas In Plats Of Subdivision
- 5.00 Easements And Easement Insurance
- 5.24 Exceptions And Reservations
- 5.32 Extended Coverage
- 15.40 Plats Of Subdivisions
- 17.36 Residential Title Policies
- 18.16 Shopping Center Agreements
- 18.24 Solar Access Easements
- 18.36 Streets, Alleys And Roadways
- 18.40 Surveys
- 21.00 Vacation Of Streets, Alleys And Highways
Standard Exceptions
Bulletins
Forms
- No references available.
Table of Contents
EAS
Easements
The Company may insure easements appurtenant if properly described and created. Do not insure easements in gross, licenses, profits a prendre, or easements pursuant to reciprocal easement agreements unless you secure the Company's approval. Do not include the words "rights" or "privileges" when describing an insured easement unless you secure the Company's approval; you may be insuring personal rights or covenants the Company does not wish to insure. When excepting to easements, also consider and except to implied easements (e.g., way of necessity or implied easement of necessity) when one tract is landlocked upon severance or mortgage of a portion of land or if a road, line, or other use occurs across a severed tract. Do not rely upon merger to waive easements after the dominant and servient estates are acquired by one owner, a later severance may create an implied easement.
Exceptions
EASX01
ALTA
10/08/2009
V
2
Uninsurable Easement
The Company does not insure the easement recorded __________.
Comment: An easement may be uninsurable for a variety of reasons. It may have been terminated by merger or foreclosure. It may have been improperly created by a stranger or lack of adequate description. Its size or use may not extend to the insured land. If it is not to be insured, the Company prefers to note its position in the Policy.
Comment: An easement may be uninsurable for a variety of reasons. It may have been terminated by merger or foreclosure. It may have been improperly created by a stranger or lack of adequate description. Its size or use may not extend to the insured land. If it is not to be insured, the Company prefers to note its position in the Policy.
See Underwriting Manual
EASX02
ALTA
10/08/2009
V
2
Unlocated Easement
The exact location of the easement is not disclosed by the instrument.
Comment: As an accommodation, you may note that an easement exception is not specifically located.
Comment: As an accommodation, you may note that an easement exception is not specifically located.
See Underwriting Manual
EASX03
ALTA
10/08/2009
V
2
Easement With Stated Width Along Property Line
______ foot _____________ easement along the ____________ property line of the Land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX04
ALTA
10/08/2009
V
2
Easement - No Stated Width - Not Located
______ easement along _________________ property line of the Land as set forth in the instrument recorded _____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX05
ALTA
10/08/2009
V
2
Easement With Stated Width - Not Located
______ foot ____________ easement as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX06
ALTA
10/08/2009
V
2
Easement - No State Width - Located
______ easement along _________________ set forth in the instrument recorded _____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX07
ALTA
10/08/2009
V
2
Easement - Width Stated - Located
_______ foot _________ easement along ____________ as set forth in the instrument recorded _______________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX08
ALTA
10/08/2009
V
2
Easement No Stated Width - Not Located
______ easement as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX09
ALTA
10/08/2009
V
2
Easement on Map or Plat
That certain ______________ easement for ______________ and incidental use as shown on the map or plat of ______________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX10
ALTA
10/08/2009
V
2
Standard Exception to Unrecorded Easements
Rights or claims of easements not recorded in the Public Records.
Comment: Use this exception unless you determine by a survey that there are no applicable unrecorded easements. This exception is particularly relevant on agricultural or timberland.
The easement or right of access also serves contiguous land acquired by the owner of the dominant estate, and/or
(2) The dominant estate has been divided or fragmented into separate parcels or lots or the dominant estate is subsequently developed.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.
Note: You may add additional local Schedule A provisions here. Please consult with our underwriting personnel in preparing appropriate provisions.
Comment: Use this exception unless you determine by a survey that there are no applicable unrecorded easements. This exception is particularly relevant on agricultural or timberland.
The easement or right of access also serves contiguous land acquired by the owner of the dominant estate, and/or
(2) The dominant estate has been divided or fragmented into separate parcels or lots or the dominant estate is subsequently developed.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.
Note: You may add additional local Schedule A provisions here. Please consult with our underwriting personnel in preparing appropriate provisions.