CLTA Assurances Concerning Covenants Endorsement Guideline 124.1
Explanation:This endorsement provides an owner or lender with assurances concerning certain covenants contained in a deed or agreement between landowners. This endorsement is usually requested where a deed or agreement between landowners contains either affirmative and/or negative covenants and the owner or lender wants assurance that the covenants are binding upon the covenantor and/or successors.
Underwriting Requirements:(1) This endorsement is often requested when insuring shopping center developments.
(2) This endorsement may be issued when all of the following requirements and conditions are met:
(a) The land to be affected by the covenants must be specifically described with the deed or agreement;
(b) The covenants contained within the deed or agreement must run with the land;
(c) The deed or agreement must be recorded in the county clerk's records where the property is located;
(d) A complete search of the burdened property must be made. The deed or agreement must be enforceable by successors of the benefited party;
(e) The endorsement should not be given unless the instrument provides for its enforcement by assignees and successors of the covenantee.
(3) Approval to issue this endorsement must be given by the appropriate Stewart Title Guaranty underwriting personnel.
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.
This guideline applies to the following form(s):