This form should not be used if a comparable ALTA version is available. If a comparable ALTA version is available, the most current version of the ALTA form available in each state should be used, unless approved by a Stewart underwriter.
EASEMENT ENCROACHMENT ENDORSEMENT
Attached to Policy No. __________
STEWART TITLE GUARANTY COMPANY
The Company assures against loss which the Insured shall sustain:
in the event that the owner of the easement referred to in paragraph ____ of Schedule ___ shall, for the purpose of ______________ * compel the removal of any portion of the existing improvements on said land which encroach upon said easement.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof.
[Witness clause optional]
* insert uses against which insurance is to be given, e.g.
(1) Insurance limited to loss by reason of maintenance and repair of specific existing structure: "maintaining and repairing the existing storm drain structure within said easement".
(2) Insurance same as (1) plus enlarging or replacing existing structure: "maintaining, repairing, enlarging, or replacing the existing storm drain within said easement".
(3) Insurance unlimited: "exercising the right of use or maintenance of said easement".
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
Copyright 1970-2022 Stewart Title Guaranty Company. All rights reserved. The use of this form (or any derivative thereof) is restricted to Stewart Title Guaranty Company, it’s issuing agents, and affiliates in good standing as of the date of use. All other uses are prohibited.
For issuing guidelines on this form, see Guidelines.