CLTA Foundations-No Violation, No Encroachments onto Easements or Adjoining Land Endorsement Guideline 102.5
Explanation:Provides the lender with assurance that the foundations of structures under construction are within the boundaries of the land, that their location does not encroach onto easements, or violate particular CC&Rs.
Underwriting Requirements:(1) In many ways this endorsement is similar to the CLTA 102.4 Endorsement; however, it provides a broader range of coverage to the construction lender because it insures against the encroachment of the foundation onto easements.
(2) An inspection is required in order to issue this endorsement. Title personnel must inform the inspector of the location of all easements of record and front, rear and side lot setback requirements.
(3) The foundation of the structure must be completed. If there are any encroachments or there are questions about the location of the foundation, this endorsement cannot be issued.
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):