Numerous issues exist relating to the descriptions. Surveys are frequently furnished or required.
The application identifies the land by a street address only. The Company does not insure that the description in this commitment covers the land that you requested. To prevent errors and to be certain that the proper land will appear on the documents and on the Policy of title insurance, the Company requires for its review a satisfactory legal description of the correct land provided and approval of the description signed by the parties to the transaction. At that time, the Company may make additional requirements or exceptions.
Comment: If only the address is furnished, use this note in the commitment unless you are clearly satisfied that the address and description are the same.
See Underwriting Manual
The legal description in instrument from _____________, grantor to ______________, grantee, recorded _____________ is defective or erroneous because _________________. The Company requires for its review satisfactory: (i) deed from the grantor to ______________ properly describing the land or (ii) final nonappealable judicial proceedings to vest title to the land in ____________. At that time, the Company may make additional requirements or exceptions.
Comment: The description may be defective because it is ambiguous, not attached, or erroneous. In any such case, require a correction or judicial determination clearing title. Always require releases of general statutory (involuntary) liens subsequently filed against the grantor.
Lot and Block (Metes and Bounds Attached)
Lot _____ in Block _____ of ________________, an addition in ________ County, according to the Map or Plat thereof recorded ___________, and being described by metes and bounds as follows:
Comment: This description of a lot in a recorded subdivision also incorporates a metes and bounds. Always verify that the metes and bounds does not significantly conflict with the plat description.
Except the buildings, structures and other improvements located on the land as described in the instrument recorded __________________.
Comment: If one tract is insured as “fee simple” in improvements, the other interest insured is usually a leasehold in the land except the improvements. Use the type of description of improvements used in the instrument, if possible. The description of the leasehold must except to the improvements and Schedule B must except to access and support for improvements.
Except Described Land Previously Conveyed
Except that portion of the land described in the instrument recorded ____________.
Comment: When describing the insured tract to include a parcel that has been conveyed, the description may except to an instrument describing that parcel.
Except Land Particularly Described
Except that portion of the land described in instrument recorded ________, described as follows:
Comment: This language excepts land described in a recorded instrument and a description attached to the policy.
Fee in Improvements
Fee simple in the improvements located on the land as described in the instrument recorded _____________________.
Comment: Sometimes a person secures “fee simple” in improvements (subject to various conditions) and a lease in the land save and except the improvements (which should be excepted from that interest along with right of access and support). This provision may be modified to recite specific improvements known to exist on the land.