OTIRO Endorsement No. 228.3-06 Encroachments - Boundaries and Easements - Land Under Development Endorsement

ENDORSEMENT
ATTACHED TO POLICY NO. [FILL IN]
ISSUED BY
STEWART TITLE INSURANCE COMPANY

[Date           : [FILL IN] ]
[Premium    : [FILL IN] ]

1.                   The insurance provided by this endorsement is subject to the exceptions 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:

(a)        “Improvement” means a building, structure, or paved area, including any road, walkway, parking area, driveway, or curb located on the surface of the Land or the surface of adjoining land at Date of Policy that by law constitutes real property.

(b)        “Future Improvement” means any of the following to be constructed on the Land after Date of Policy in the locations according to the Plans and that by law constitutes real property:

(i)         a building;

(ii)        a structure; or

(iii)       a paved area, including any road, walkway, parking area, driveway, or curb.

(c)        “Plans” mean the survey, site and elevation plans, or other depictions or drawings prepared by (insert name of architect or engineer) dated (insert date prepared), last revised (insert date last revised), designated as (insert name of project or project number) consisting of (insert number of sheets) sheets.

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

                         (a)               An encroachment of any Improvement or Future 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 or Future Improvement located on the Land as a result of an encroachment by the Improvement or Future 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 Future Improvement; or

                         (d)               Enforced removal of any Improvement or Future 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.)

[Witness clause optional]

[DATE]

[STEWART TITLE INSURANCE COMPANY]

[By: ________________________________]

            [Authorized Signatory]