- October 15, 1992
- All Florida Offices and Agents
- Sovereignty Lands
Reference is made to our bulletin dated January 30, 1992, relative to the above matter in which we advised that because the State of Florida had laid claim to certain lands in Pasco County, all agents were advised not to issue policies on those lands. The State's claim was based upon the allegation that the lands were illegally filled in approximately the year 1956.
This matter has been deliberated between the Department of Natural Resources, the Attorney General's office, the title insurance industry, the Florida Bar Association and the resolution of the problem submitted to the Governor and Cabinet which has resulted in the execution and recording of a deed whereby the State conveys whatever its interest may be to those lands (in exchange for payment of $40,000 which was made by the title insurance industry based upon relative market share) and that deed is recorded and may be found at O.R. Book 3037, Page 35, Public Records of Pasco County, Florida.
Any subdivision which falls within the parameters of that deed may now be the subject of a Stewart Title policy and since that deed has been issued, it will no longer be necessary to take a filled lands exception.
In the event you are issuing policies on lands other than those contained in O.R. Book 3037, Page 35, Pasco County Records, which abuts any navigable waters and which may contain filled-in lands, you must continue to take exception for such filled-in lands unless you are able to determine that the State has released its rights.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.