Bulletin: GA2013002

Date:
April 02, 2013
To:
All Georgia Issuing Offices
RE:
UNDERWRITING - City of Atlanta Sanitary Sewer and Storm Water Lines

Dear Associates:

There has been a significant increase in the number of claims presented to Stewart Title Guaranty Company arising from sewer and storm water lines crossing residential property within the City of Atlanta. It is not uncommon for these lines to be active even though the City may not have complete records with regard to the location of specific active lines. In many cases, the City of Atlanta has not condemned or taken an easement for the land under these lines. 

As a reminder, Issuing Agents must require a copy of any survey which is being prepared in your current transaction. You must specifically except to “all matters shown on the survey dated ____________________ by ________________.” If you are attaching the survey to the policy, you must except to” the survey dated ____________________ by ________________ is incorporated herein by reference.” On all policies, Issuing Agents should continue to except to easements of record and any significant encroachments or unrecorded easements of which you have actual knowledge, either by reason of a survey or your title search.

Notwithstanding information which may be disclosed by an accurate survey, the following exception shall appear in all residential owner’s policies of title insurance insuring property located within the City of Atlanta:

Lines, pipelines, rights and easements of the City of Atlanta to use, maintain and replace the sanitary sewer and storm water drainage lines and facilities which may cross the land.  

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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.