Building lines or setback lines may be evidenced in the real estate records by covenants, conditions and restrictions, by a map or plat, or by a city ordinance. City setback lines are normally not separately excepted unless also shown in the public records. An exception to restrictions in a Declaration or map will adequately except to building lines established in that instrument.
Setback Line on Map
____________ foot setback line along the ___________ side of the land as shown on or described in the plat of the subdivision recorded ____________.
Comment: This provision excepts to a building or setback line shown on the subdivision plat. In the alternative, the Policy may except to restrictions shown on the plat.
Setback Line in Document
____________ foot setback line along the _____________ side of the land as shown by or described in the instrument recorded __________________.
Comment: This provision excepts to a building or setback line shown in an instrument, such as covenants, conditions, and restrictions. In the alternative, the Policy may except to restrictions shown in the instrument. The Company prefers to except to restrictions in the instrument, particularly if there are any other provisions.
Setback Line on Survey
______________ foot setback line along the _________ side of the land as reflected by survey dated __________ made by ___________, surveyor.
Comment: This provision excepts to a building or setback line shown on a survey. Customarily, the Company refers to any other recorded instrument that also creates the building line.
(a) Jurisdiction over the defendant in connection with the judgment executed upon must have been obtained by personal delivery of the initiatory papers and pleadings on the defendant, or where the defendant actually appeared or answered the complaint.
(b) The court file must be reviewed, and there must be no defects in service, pleading or procedure.
(c) Proof of due procedure in connection with the conduct of the sale;
(d) Either there are no other judgment creditors and no subordinate liens, or exception will be taken as to all of same that exist, despite the effect of any statute which may deem same to be cut off.
(e) The judgment debtor must have been the owner of the premises at the time of execution, and proof is required that the judgment debtor was alive at the time of execution.
(f) The judgment creditor cannot be a mortgagee of the premises.
(g) The purchaser must be in possession of the premises, and the debtor must not be in possession of all or any part of the premises.
(h) Proof as to the actual value of the premises must be submitted, as well as of the equity of the debtor in the premises (Note: if the premises was the debtor’s personal residence, the debtor’s equity must be substantially in excess of $10,000.00).
(i) There must be no pending appeal of the judgment, and the time to appeal must be expired.
(j) proof is required that the judgment was not previously satisfied.
(k) coverage under the policy will be limited to the amount paid. Company does not assume any responsibility to insure for an amount greater than the amount paid.