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.
The instrument recorded _______________ indicates an easement for _______________. If it is desired that said easement be insured, you must request such insurance. At that time, the Company may make additional requirements and exceptions. Comment: As an accommodation to the customer, you may disclose an easement to the grantor or other person in the chain that is not covered by the title order. Any easement must be examined before it can be insured.
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.
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.
______ 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.
______ 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.
______ 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.
______ 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.
_______ 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.
______ 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.
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.
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.
______ foot utility 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.
______ foot utility easement along the _______________ 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.
______ foot drainage 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.
______ foot drainage easement along the _________________ 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.
______ foot sanitary sewer easement along the ____________ property line of the land as set forth the in 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.
______ foot sanitary sewer easement along the __________________ 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.
______ foot railroad 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.
______ foot railroad easement along the __________________ 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.
______ foot access 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.
______ foot access easement along the __________________ 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.
______ foot driveway 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.
Terms and provisions of joint driveway agreement 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.
______ foot navigation 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.
______ foot navigation easement along the _________________ 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.
______ foot street 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.
______ foot street easement along the ___________________ 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.
______ foot road 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.
______ foot road easement along the _________________ 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.
______ foot anchor 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.
______ foot anchor easement along the _______________ 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.
Any easement for ____________ and incidental use along ___________ as disclosed by the survey by ____________ dated ____________. Comment: Various matters, such as pipelines, sewer lines, manholes, electric lines, and fire hydrants may be shown on a survey and often are consistent with easement use. If not within and consistent with the use of a recorded easement, you should except to the possible easement reflected by the matter.
Any easements for utilities and incidental use as disclosed by the survey by ________________ dated ______________ reflecting the following _________________. Comment: Various matters, such as pipelines, sewer lines, manholes, electric lines, and fire hydrants may be shown on a survey and often are consistent with easement use. If not within and consistent with the use of a recorded easement, you should except to the possible easement reflected by the matter.
Rights and easement of others to use, maintain and replace the utility wires and poles along the _________ of the land as shown on the survey (or inspection) by _____________ dated ____________. Comment: If a survey or inspection discloses utility lines not located within an existing recorded easement, you should except to the possible easement for the lines.
That portion of the land condemned in Case or Action No. _________ recorded ________________. Comment: This exception may be used if a portion of the land is condemned, particularly if it is unclear as to whether the fee or an easement is taken. If the location and the width are clear, they can be identified.
The ______________ of the land conveyed by instrument recorded ________________. Comment: This exception may be used if a portion of the land is conveyed, particularly if it is unclear as to whether the fee or an easement is transferred.
Terms and provisions of Avigational easement as described 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.
Terms and provisions of easement to overflow, flood, and submerge the ____________ portion of the land as set forth in 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.
Easements for utilities or pipelines in that portion of the land that is an abandoned or vacated road or right-of-way. Comment: If a road is abandoned or vacated, then state law, the abandonment proceeding, or the deed may reserve an easement for existing utility lines and pipelines.
Easements for utilities or pipelines in that portion of the land that is an abandoned or vacated road or right-of-way as set forth in the instrument recorded __________________. Comment: If a road is abandoned or vacated, then state law, the abandonment proceeding, or the deed may reserve an easement for existing utility lines and pipelines.
The following recitals (and rights reflected thereby) contained in that instrument recorded _________________: Comment: Unusual recitals in an instrument may reflect an easement or similar rights. These recitals may appear in a deed, mortgage, or plat.
Terms and provisions of that construction, operation and reciprocal easement agreement 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.
Any claim that the insured easement or right of access to the land may be overburdened because: (1)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. Comment: If the sole right of access or an insured easement was granted for a smaller tract, or if the benefited tract has been subdivided, the grantor of the easement may claim it is overburdened by the unanticipated use.
The Company does not represent the present ownership of said easement. Comment: The Company prefers not to show the ownership of an excepted easement. If the ownership is described, add this language to disclose we are not insuring that ownership.
The terms and provisions of the Cable Television Installation Agreement 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.
A ___________ foot aerial easement located adjacent to and ____________ above all dedicated easements indicated by the subdivision plat as described in 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.
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.
Modified by the instrument recorded __________ fixing the location of the easement over the ____________ of the land. Comment: If a later agreement locates or limits an easement, use this exception to refer to the modification.
Partially released by the instrument recorded __________ releasing the easement except over the following described portion of the land: _________________. Comment: If a later agreement partially releases an easement, use this exception to refer to the partial release.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.
A nonexclusive easement for _________ over and across ___________ described in instrument dated _______ from _____________ to ___________ recorded ___________. Comment: The description of the easement should never describe the easement as “exclusive” unless you secure the Company’s approval. When you insure an easement, except to its terms in Schedule B. If you cannot determine whether the right is a fee or an easement, insure it only as an easement.
A nonexclusive easement for _______________ purposes, appurtenant to ________________ as described in instrument recorded ________________ over the following land: Comment: The description of the easement should never describe the easement as “exclusive” unless you secure underwriter approval. When you insure an easement, except to its terms in Schedule B.
Note: You may add additional local Schedule A provisions here. Please consult with our underwriting personnel in preparing appropriate provisions.