Surveys

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Standard Exception Topic

SUR


Surveys

To provide extended coverage, the Company generally requires a current survey. A current survey is typically no older than 6 months old and reflects current facts and improvements. A survey is not required (except in Kansas, Florida, Texas and New Mexico where the Company may rely on a prior survey and an affidavit) on loan policies if (1) the mortgage is a refinance on 1-4 family residential property and you secure an owner’s affidavit of facts, or (2) you issue a master or short form loan policy on 1-4 family residential property in a well established subdivision. A survey is not required on loan policies on resales on residential property up to 25 acres and commercial transactions up to $1,000,000 in some states (Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, Wisconsin, Wyoming). All discrepancies, encroachments, conflicts and matters evidencing possible easements should be excepted if the standard (easement and survey) exceptions are deleted and extended coverage is provided. In accordance with local practice, affirmative coverage or endorsement coverage (e.g., ALTA Form 9, CLTA Form 100, Pennsylvania 300) may then be given if the matters are relatively minor.

Requirements

Standard Exception Subtopic

SURR01

STG

10/19/2011
V 3

Affidavit that Survey is Still Correct

The Company requires for its review a satisfactory affidavit executed by the owner of the land stating that there have been no improvements on the land (including fences or other structures) since the date of the prior survey. If the survey reveals any encroachments, overlaps, boundary line disputes, or other adverse matters, they may appear as exceptions in the Policy.
Comment: If the Company is willing to rely upon an older survey (over 6 months old) under the circumstances, it requires an affidavit that the survey remains accurate and an inspection if the land is commercial.

See Underwriting Manual


Standard Exception Subtopic

SURR02

STG

10/19/2011
V 3

Update Prior Survey

The Company requires that the survey dated ____________ by __________ be updated and recertified. After review of the updated survey, the Company may make additional requirements or exceptions.
Comment: If the furnished survey is not current or a policy with extended coverage is downdated, the Company generally require an update of that survey.

See Underwriting Manual


Standard Exception Subtopic

SURR03

STG

10/19/2011
V 3

Inspection is Required

The Company requires an inspection of the land. Upon its completion, the Company may make additional requirements and exceptions.
Comment: If the Company is willing to provide extended coverage (as to survey and easement matters) without a survey or is willing to downdate extended coverage without a survey, it will generally require an inspection of the land. The Company requires neither an inspection nor a survey in some cases. A survey is not required (except in Kansas, Florida, Texas and New Mexico where the Company may rely on a prior survey and an affidavit) on loan policies if (1) the mortgage is a refinance of 1-4 family residential property and you secure an owner’s affidavit of facts, or (2) you issue a master or short form loan policy on 1-4 family residential property in a well established subdivision. A survey is not required on loan policies on resales on residential property up to 25 acres and commercial transactions up to $1,000,000 in some states (Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, Wisconsin, Wyoming).

Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.

See Underwriting Manual


Exceptions

Standard Exception Subtopic

SURX01

ALTA

10/19/2011
V 3

Facts Disclosed by Survey

Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated ____________________ by ________________.
Comment: If the survey or inspection shows conflicts, encroachments or evidence of easements, you should except to those matters. In appropriate cases in accordance with local custom, you may provide affirmative insurance or endorsement coverage as to such matters.

Standard Exception Subtopic

SURX02

ALTA

10/19/2011
V 3

Facts Disclosed by Inspection

Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts: ___________________________________________________.
Comment: If the survey or inspection shows conflicts, encroachments or evidence of easements, you should except to those matters. In appropriate cases in accordance with local custom, you may provide affirmative insurance or endorsement coverage as to such matters.

Standard Exception Subtopic

SURX03

ALTA

10/19/2011
V 3

Survey Matters After Stated Date

Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land arising subsequent to _________________.
Comment: If you downdate a prior policy which does not contain a survey exception, you should add this exception unless you secure an update of the survey or unless you confirm by inspection that no changes or improvements were later added.