To insure on the basis of a vacation, you must verify that all statutory and local requirements were met. These may include publication, appraisals, and fair market sale. You must then confirm who owned the underlying fee (typically, adjacent owners). Exception may need to be made to lines in the street and to continued subdivision owner use.
Exclusion of Vacated Land
That portion of vacated ____________ abutting the Land is specifically excepted from coverage of this Policy.
Comment: If you are not willing to insure a vacated strip (e.g., where fee ownership is not clearly vested in the seller), you should add this exception.
Utility Lines in Vacated Street
Easements, if any, for public utilities pipelines or facilities installed in any portion of the vacated street or alley, lying within the Land, together with the right of ingress and egress to repair, maintain, replace and remove the same.
Comment: If a street is vacated, then actual prior use, the vacation itself, or state law may result in easements for existing utility lines.
See Underwriting Manual
Private Rights in Vacated Street
Any private right to use any portion of the vacate street or alley, lying within the Land.
Comment: Even if a street is properly abandoned, lot owners in the same subdivision (at least those in the same block) have private easements based on their purchase of lots in the subdivision.
Right of riparian water rights owners to the use and flow of the water.
(c) The consequence of any past of future change in the location of the bed.
(b) Any dispute arising over the location of the old bed.
(c) Any variance between the boundary line as originally conveyed and the current boundary thereof as now used or occupied.
(d) Rights of the upper or lower riparian owners in and to the free and unobstructed flow of water of said body of water.
(b) Boating and fishing rights of property owners abutting the lake or the stream of water leading thereto or therefrom.
(c) Navigational servitudes and all other rights, titles, and powers of the United States, the state, local government and the public over said lake, its bed, and its shore lands extending to the ordinary high water line thereof.
(d) The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within _________________ Lake.
(b) Lands beyond the line of the border or bulkhead lines, or vegetation line.
(c) Filled lands, submerged lands or artificial lands, including any determination that some portion of the land is tide or submerged lands, or has been created by artificial means or has accredited to such portion so created.
(d) Riparian or water rights, claims or title to water, whether or not shown by the public records.
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area.