- June 03, 2003
- All issuing offices - Utah
- Subdivision Map Endorsements
We are finding that lenders and owners are frequently
requiring that the Company issue a subdivision map endorsement that modifies the
exclusion found in the policy cover relating to regulations regarding the
subdivision of the land. This endorsement is used when the land has either
been subdivided through a subdivision plat or the governmental body has waived
the requirement for such a subdivision plat. The statutes for the state of
Unless exempt, whenever lands are divided, a subdivision plat satisfying the statutory and regulatory requirements must be presented for approval and recording to the local governmental entity. A plat that is recorded without approval of the appropriate governmental body renders that plat void, therefore the plat needs to be reviewed for compliance with that process.
In certain cases, a person may determine to subdivide the land without a
subdivision plat. In order to determine whether a person has obtained a
waiver of the platting requirements, the person must obtain a certificate from
the approving body indicating approval of that division of the land. For
agricultural land where none of the land will be used for non-agricultural
purposes, the division of the land must be graphically illustrated on a Record
of Survey Map that is recorded with the appropriate
- Prior to issuing the subdivision map endorsement for platted
subdivisions, a review of the plat must be made to determine if the
appropriate local officials have signed the plat.
- Prior to issuing the subdivision map endorsement, the Company requires
that for agricultural land which will not be used for non-agricultural uses
that the record of survey and certificate of approval be recorded prior to the
issuance of the endorsement.
- For non-agricultural land, the Company requires that the conveyance
describing the deed by metes and bounds be recorded along with the certificate
of approval described above.
- If the certificate in either case has not been recorded, prior to
issuing the endorsement the certificate must be obtained and recorded.
The statutes authorizing the certificate of approval specifically authorize
recording with the
. County Recorder
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.