STG Easement Endorsement Guideline 1
Explanation:This endorsement insures the location of insured easements, the enforceability of the easement against successors in title to the servient estate, and the enforceability by each successor of the dominant estate.
Underwriting Requirements:(1) You must review the survey to verify the accurate location of the easements.
(2) You must verify that there are no superior interests in the servient estate, such as liens prior to the date of the easement.
(3) State law must expressly recognize that a tax deed will not extinguish the easement.
(4) You must verify that taxes were paid on the servient estate through the year the easement was recorded.
(5) The easement must be assignable.
(6) The easement must appear to be in use and not subject to any current violation of its terms, if created before Date of Policy.
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):