Guideline: NM 76 Endorsement - Easement-Damage or Enforced Removal
This endorsement provides insurance to a 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. New Mexico does not currently have the 2/3/2010 version of the ALTA 28-06 endorsement.
This endorsement requires at least one of the following:
1, Examination of the survey to ensure that existing buildings are not impacted by the easement;
2. Approval or consent of the easement holder in order to be able to offset damage from the exercise of the easement rights; or
3. An abandonment of said easement.
Otherwise, contact a Stewart Title Guaranty Company underwriter 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.
This guideline applies to the following form(s):