Easements

Standard Exception Topic

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.

Exceptions

Standard Exception Subtopic

EASX01

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX02

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX03

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX04

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX05

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX06

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX07

ALTA

10/08/2009
V 1

Easement - Width Stated - 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


Standard Exception Subtopic

EASX08

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX09

ALTA

10/08/2009
V 1

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


Standard Exception Subtopic

EASX10

ALTA

10/08/2009
V 1

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.
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.

Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.

Note: You may add additional local Schedule A provisions here. Please consult with our underwriting personnel in preparing appropriate provisions.