If a railroad right of way crosses the land, you must add a satisfactory exception. To insure a transfer of railroad property or abandonment of the right of way, you must consult with the Company. Issues would include appropriate ICC and state approval, contiguity of grants, possible past or retroactive taxes, rails to trails rights, and ownership in the underlying fee by adjoining owners. You must consider whether the transfer or condemnation granted a fee or only an easement.
Rights-of-way for railroad, switch tracks, spur tracks, railway facilities and other related easements, if any, on and across the Land. Comment: If the exam does not reflect a railroad grant or right of way and you believe that a railroad crosses the land, you must use this exception.
Rights-of-way for railroad, switch tracks, spur tracks, railway facilities and other related easements, if any, on and across the Land along the ___________ portion of the Land as shown on survey dated ___________ by _______________. Comment: You must use this exception if a survey discloses railroad lines and if the record does not reflect a grant or railroad easement.
Rights-of-way for railroad, switch tracks, spur tracks, railway facilities and other related easements, if any, on and across the Land along the ___________ portion of the Land recorded ___________________. Comment: You must use this exception if the recorded grant or condemnation to the railroad is an easement only. You should simply except to the land described in the grant or condemnation if you cannot determine whether it is an easement or fee.