Guideline: ALTA Endorsement 17.1 and 17.1-06 (Indirect Access and Entry)

Explanation:

This endorsement to the Owner's or Loan Policy provides new, expanded access coverage.  The Endorsement insures: (1) that the insured easement provides access to a named Street, (2) that the Street is physically open and publicly maintained, (3) that the easement provides actual pedestrian and vehicular access, and (4) that the insured has a right to use existing curb cuts along the Street abutting the easement.

Endorsement 17.1 is issued with a 1992 ALTA Owner's or Loan Policy.  Endorsement 17.1-06 is issued with a 2006 ALTA Owner's or Loan Policy.

See also National Underwriting Manual sections 1.08 (Abutting Owners’ Rights of Access) and 1.12 (Access, Right Of).

Underwriting Requirements:

We require the following:

  1. Title to the easement providing access to a public road must be searched, and any limitations on the scope and/or use of the easement must be noted.
  2. Verify by examination, survey, review of available maps or inspection that the easement abuts and provides actual pedestrian and vehicular access to the Street.
  3. Verify by survey, review of available maps or inspection that the Street appears to be physically open and publicly maintained.
  4. Verify by survey, review of available maps or inspection that existing curb cuts along the easement provide actual access for the land to the Street.
  5. Issue only if the land has existing improvements in use.  Do not issue on unimproved land, unless you secure underwriter approval.

The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability.

Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.