EAS
Easements
The Company may insure easements appurtenant if properly described and created. Do not insure easements in gross, licenses, profits a prendre, or easements pursuant to reciprocal easement agreements unless you secure the Company’s approval. Do not include the words “rights” or “privileges” when describing an insured easement unless you secure the Company’s approval; you may be insuring personal rights or covenants the Company does not wish to insure. When excepting to easements, also consider and except to implied easements (e.g., way of necessity or implied easement of necessity) when one tract is landlocked upon severance or mortgage of a portion of land or if a road, line, or other use occurs across a severed tract. Do not rely upon merger to waive easements after the dominant and servient estates are acquired by one owner, a later severance may create an implied easement.
Requirement
EASR01 STG
Recent Deed in Chain Shows Easement
The instrument recorded _______________ indicates an easement for _______________. If it is desired that said easement be insured, you must request such insurance. At that time, the Company may make additional requirements and exceptions.
Comment: As an accommodation to the customer, you may disclose an easement to the grantor or other person in the chain that is not covered by the title order. Any easement must be examined before it can be insured.
See Underwriting Manual
Exception
EASX01 ALTA
Uninsurable Easement
The Company does not insure the easement recorded __________.
Comment: An easement may be uninsurable for a variety of reasons. It may have been terminated by merger or foreclosure. It may have been improperly created by a stranger or lack of adequate description. Its size or use may not extend to the insured land. If it is not to be insured, the Company prefers to note its position in the Policy.
See Underwriting Manual
EASX02 ALTA
Unlocated Easement
The exact location of the easement is not disclosed by the instrument.
Comment: As an accommodation, you may note that an easement exception is not specifically located.
See Underwriting Manual
EASX03 ALTA
Easement With Stated Width Along Property Line
______ foot _____________ easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX04 ALTA
Easement – No Stated Width - Not Located
______ easement along _________________ property line of the land as set forth in the instrument recorded _____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX05 ALTA
Easement With Stated Width - Not Located
______ foot ____________ easement as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX06 ALTA
Easement – No State Width - Located
______ easement along _________________ set forth in the instrument recorded _____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX07 ALTA
Easement – Width Stated and Located
_______ foot _________ easement along ____________ as set forth in the instrument recorded _______________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX08 ALTA
Easement – No Stated Width - Not Located
______ easement as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX09 ALTA
Easement on Map or Plat
That certain ______________ easement for ______________ and incidental use as shown on the map or plat of ______________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX10 ALTA
Standard Exception to Unrecorded Easements
Rights or claims of easements not recorded in the public records.
Comment: Use this exception unless you determine by a survey that there are no applicable unrecorded easements. This exception is particularly relevant on agricultural or timberland.
See Underwriting Manual
- 5.00 Easements And Easement Insurance
- 5.32 Extended Coverage
- 11.28.1 In General
- 14.12.8 Schedule B Of The Owner's Policy
- 18.40 Surveys
- TX 5.00 Easements And Easement Insurance
- TX 5.30 Express Insurance
- TX 12.26 Mortgagee Policies (Loan Policies)
- TX 14.12 Owner's Policies of Title Insurance
- TX 15.52.39 P-39. Express Insurance
- TX 18.40 Surveys
EASX11 STG
Utility Easement Along Property Line
______ foot utility easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX12 STG
Utility Easement Located
______ foot utility easement along the _______________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX13 STG
Drainage Easement Along Property Line
______ foot drainage easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX14 STG
Drainage Easement Located
______ foot drainage easement along the _________________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX15 STG
Sanitary Sewer Along Property Line
______ foot sanitary sewer easement along the ____________ property line of the land as set forth the in instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX16 STG
Sanitary Sewer Located
______ foot sanitary sewer easement along the __________________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX17 STG
Railroad Easement Along Property Line
______ foot railroad easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX18 STG
Railroad Easement Located
______ foot railroad easement along the __________________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX19 STG
Access Easement Along Property Line
______ foot access easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX20 STG
Access Easement Located
______ foot access easement along the __________________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX21 STG
Driveway Easement Along Property Line
______ foot driveway easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX22 STG
Joint Driveway Agreement
Terms and provisions of joint driveway agreement recorded ___________________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX23 STG
Navigation Easement Along Property Line
______ foot navigation easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX24 STG
Navigation Easement Located
______ foot navigation easement along the _________________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX25 STG
Street Easement Along Property Line
______ foot street easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX26 STG
Street Easement Located
______ foot street easement along the ___________________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX27 STG
Road Easement Along Property Line
______ foot road easement along the ____________ property line of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX28 STG
Road Easement Located
______ foot road easement along the _________________ of the land as set forth in the instrument recorded ____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX29 STG
Anchor Easement Along Property Line
______ foot anchor easement along the ___________ property line of the land as set forth in the instrument recorded _____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX30 STG
Anchor Easement Located
______ foot anchor easement along the _______________ of the land as set forth in the instrument recorded _____________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX31 STG
Easement disclosed by Survey
Any easement for ____________ and incidental use along ___________ as disclosed by the survey by ____________ dated ____________.
Comment: Various matters, such as pipelines, sewer lines, manholes, electric lines, and fire hydrants may be shown on a survey and often are consistent with easement use. If not within and consistent with the use of a recorded easement, you should except to the possible easement reflected by the matter.
EASX32 STG
Multiple Easements disclosed by Survey
Any easements for utilities and incidental use as disclosed by the survey by ________________ dated ______________ reflecting the following _________________.
Comment: Various matters, such as pipelines, sewer lines, manholes, electric lines, and fire hydrants may be shown on a survey and often are consistent with easement use. If not within and consistent with the use of a recorded easement, you should except to the possible easement reflected by the matter.
EASX33 STG
Utility Lines Disclosed by Survey or Inspection
Rights and easement of others to use, maintain and replace the utility wires and poles along the _________ of the land as shown on the survey (or inspection) by _____________ dated ____________.
Comment: If a survey or inspection discloses utility lines not located within an existing recorded easement, you should except to the possible easement for the lines.
EASX34 STG
Except to Condemned Land
That portion of the land condemned in Case or Action No. _________ recorded ________________.
Comment: This exception may be used if a portion of the land is condemned, particularly if it is unclear as to whether the fee or an easement is taken. If the location and the width are clear, they can be identified.
See Underwriting Manual
EASX35 STG
Exception Unclear Whether Fee or Easement
The ______________ of the land conveyed by instrument recorded ________________.
Comment: This exception may be used if a portion of the land is conveyed, particularly if it is unclear as to whether the fee or an easement is transferred.
See Underwriting Manual
EASX36 STG
Avigational Easement
Terms and provisions of Avigational easement as described in the instrument recorded ________________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX37 STG
Flood Easement
Terms and provisions of easement to overflow, flood, and submerge the ____________ portion of the land as set forth in instrument recorded _________________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX38 STG
Utility Easements in Abandoned Road
Easements for utilities or pipelines in that portion of the land that is an abandoned or vacated road or right-of-way.
Comment: If a road is abandoned or vacated, then state law, the abandonment proceeding, or the deed may reserve an easement for existing utility lines and pipelines.
EASX39 STG
Recorded Utility Easements in Abandoned Road
Easements for utilities or pipelines in that portion of the land that is an abandoned or vacated road or right-of-way as set forth in the instrument recorded __________________.
Comment: If a road is abandoned or vacated, then state law, the abandonment proceeding, or the deed may reserve an easement for existing utility lines and pipelines.
EASX40 STG
Recitals in Instrument
The following recitals (and rights reflected thereby) contained in that instrument recorded _________________:
Comment: Unusual recitals in an instrument may reflect an easement or similar rights. These recitals may appear in a deed, mortgage, or plat.
See Underwriting Manual
EASX41 STG
Easement Created in Deed of Trust
A _______________ easement as described in that Deed of Trust recorded __________.
Comment: The deed of trust may create an appurtenant easement.
See Underwriting Manual
EASX42 STG
Easement Created in Mortgage
A _______________ easement as described in that mortgage recorded __________.
Comment: The mortgage may create an appurtenant easement.
See Underwriting Manual
EASX43 STG
Reciprocal Easement Agreement
Terms and provisions of that construction, operation and reciprocal easement agreement recorded _____________________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX44 STG
Overburdening
Any claim that the insured easement or right of access to the land may be overburdened because:
(1) The easement or right of access also serves contiguous land acquired by the owner of the dominant estate, and/or
(2) The dominant estate has been divided or fragmented into separate parcels or lots or the dominant estate is subsequently developed.
Comment: If the sole right of access or an insured easement was granted for a smaller tract, or if the benefited tract has been subdivided, the grantor of the easement may claim it is overburdened by the unanticipated use.
See Underwriting Manual
EASX45 STG
Current Ownership of Easement
The Company does not represent the present ownership of said easement.
Comment: The Company prefers not to show the ownership of an excepted easement. If the ownership is described, add this language to disclose we are not insuring that ownership.
EASX46 STG
Cable Agreement
The terms and provisions of the Cable Television Installation Agreement recorded ___________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX47 STG
Aerial Easement
A ___________ foot aerial easement located adjacent to and ____________ above all dedicated easements indicated by the subdivision plat as described in instrument recorded ___________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX48 STG
Easement on Map or Plat
That certain ___________ easement for ________ and incidental use as shown on the map or plat of ___________.
Comment: The exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
See Underwriting Manual
EASX49 STG
Easement Location
Modified by the instrument recorded __________ fixing the location of the easement over the ____________ of the land.
Comment: If a later agreement locates or limits an easement, use this exception to refer to the modification.
See Underwriting Manual
EASX50 STG
Easement Partially Released
Partially released by the instrument recorded __________ releasing the easement except over the following described portion of the land: _________________.
Comment: If a later agreement partially releases an easement, use this exception to refer to the partial release.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.
See Underwriting Manual
Schedule A
EASS01 STG
Insured Easement
A nonexclusive easement for _________ over and across ___________ described in instrument dated _______ from _____________ to ___________ recorded ___________.
Comment: The description of the easement should never describe the easement as “exclusive” unless you secure the Company’s approval. When you insure an easement, except to its terms in Schedule B. If you cannot determine whether the right is a fee or an easement, insure it only as an easement.
See Underwriting Manual
EASS02 STG
Insured Appurtenant Easement - Describing Land
A nonexclusive easement for _______________ purposes, appurtenant to ________________ as described in instrument recorded ________________ over the following land:
Comment: The description of the easement should never describe the easement as “exclusive” unless you secure underwriter approval. When you insure an easement, except to its terms in Schedule B.
Note: You may add additional local Schedule A provisions here. Please consult with our underwriting personnel in preparing appropriate provisions.
See Underwriting Manual