VAC
Vacation
To insure on the basis of a vacation, you must verify that all statutory and local requirements were met. These may include publication, appraisals, and fair market sale. You must then confirm who owned the underlying fee (typically, adjacent owners). Exception may need to be made to lines in the street and to continued subdivision owner use.
Exception
VACX01 ALTA
Exclusion of Vacated Land
That portion of vacated ____________ abutting the land is specifically excepted from coverage of this Policy.
Comment: If you are not willing to insure a vacated strip (e.g., where fee ownership is not clearly vested in the seller), you should add this exception.
See Underwriting Manual
VACX02 ALTA
Utility Lines in Vacated Street
Easements, if any, for public utilities pipelines or facilities installed in any portion of the vacated street or alley, lying within the land, together with the right of ingress and egress to repair, maintain, replace and remove the same.
Comment: If a street is vacated, then actual prior use, the vacation itself, or state law may result in easements for existing utility lines.
See Underwriting Manual
VACX03 ALTA
Private Rights in Vacated Street
Any private right to use any portion of the vacate street or alley, lying within the land.
Comment: Even if a street is properly abandoned, lot owners in the same subdivision (at least those in the same block) have private easements based on their purchase of lots in the subdivision.
VACX04 STG
Subdivision Owners’ Access Easement
Easements for access in favor of owners in the subdivision in which the land is located.
Comment: Even if a street is properly abandoned, lot owners in the same subdivision (at least those in the same block) have private easements based on their purchase of lots in the subdivision.