Guideline: ALTA Endorsement 28-06 (Easement-Damaged or Enforced Removal)

Organizational Guidelines

Guideline: ALTA Endorsement 28-06 (Easement-Damaged or Enforced Removal)

Guideline Document
04/20/2009
V 6

Explanation:

This endorsement provides insurance to an owner or lender against loss in the event that a specific easement holder shall (1) cause damage to a building located on the land at date of policy, or (2) compel the removal or alteration of an existing building located on the land at date of policy. This endorsement is usually requested by a lender when an encroachment over an easement is discovered.

Underwriting Requirements:

This endorsement requires:

(1) Examination of the survey to ensure that existing buildings are not impacted by the easement. Or

(1) Approval or consent of the easement holder in order to be able to offset damage from the exercise of the easement rights, or

(2) An abandonment of said easement.

(3)  The ALTA Energy Project Endorsement (ALTA Endorsement 36.6-06) contains similar provisions, so the ALTA 28-06 endorsement is not necessary when offering the Energy Project Endorsement and should not be issued without Senior Underwriter approval.

Otherwise, contact Stewart underwriting personnel for approval to issue.

Any revision to this form requires approval of a Stewart Title Guaranty Company underwriter. 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.