Access

Standard Exception Topic

ACC


Access

Insuring provision number 4 of the Owner's and Loan Policies insures against loss or damage because of "Lack of a right of access to and from the Land." The Policy insures legal right of access to and from the land. However, it does not insure the physical condition of that access. The examination of the title must determine that the land has access. If the access is provided by an easement, the examination must include that easement, even if the easement will not be described in the Policy.

Requirements

Standard Exception Subtopic

ACCR01

STG

06/19/2009
V 1

STGC Satisfactory Evidence of a Right of Access

Lack of a right of access to and from the land. The Company requires satisfactory evidence of a right of access. The Company may then make additional requirements or exceptions.

Comment: If the examination of the title does not reflect a right of access to and from the land, the commitment must except to lack of a right of access and require satisfactory evidence of a right of access.

See Underwriting Manual, Access, Right of, Section 1.12.


Exceptions

Standard Exception Subtopic

ACCX01

ALTA

06/19/2009
V 1

ALTA Complete Lack of a Right of Access

Lack of a right of access to and from the Land.

Comment: Use this exception if the examination does not reflect a right of access to the land or if all rights of access have been released, granted, or waived.
 
See Underwriting Manual, Abutting Owners' Rights of Access, Section 1.08 ; Access, Right of, Section 1.12.


Standard Exception Subtopic

ACCX02

STG

06/19/2009
V 1

Removed


Standard Exception Subtopic

ACCX03

STG

06/19/2009
V 1

Partial Lack of a Right of Access Because of Gr

Lack of a right of access to and from the land from _______________ because of a grant by instrument recorded ____________.

Comment: Use this exception if a deed or other grant releases, waives or conveys a right of access to and from an abutting street but the land still retains a right of access from another source.

See Underwriting Manual


Standard Exception Subtopic

ACCX04

STG

06/19/2009
V 1

Complete Lack of a Right of Access Because of C

Lack of a right of access to and from the land because of condemnation ____________.

Comment: Use this exception if the condemnation proceeding on an adjacent strip of land also takes all of the abutter’s rights of access.

See Underwriting Manual


Standard Exception Subtopic

ACCX05

STG

06/19/2009
V 1

Partial Lack of Access Because of Condemnation

Lack of a right of access to and from the land from _______________ because of condemnation.

Comment: Use this exception if the condemnation proceedings take some access rights but the land still retains a right of access from another source.

See Underwriting Manual


Standard Exception Subtopic

ACCX06

STG

06/19/2009
V 1

Complete Lack of a Right of All Access Because

Lack of a right of access to and from the land as relinquished by the map or plat of ______________________________.

Comment: Use this exception if the map or plat of the land or of adjacent land extinguishes or relinquishes all abutter’s rights of access.

See Underwriting Manual


Standard Exception Subtopic

ACCX07

STG

06/19/2009
V 1

Partial Lack of a Right of Access to Because of

Lack of a right of access to ____________ from the land as relinquished by the map or plat at _______________.

Comment: Use this exception if the map or plat of the land or adjacent land extinguishes or relinquishes some abutter’s rights but the land still retains a right of access from another source.

See Underwriting Manual


Standard Exception Subtopic

ACCX08

STG

06/19/2009
V 1

Pedestrian Right of Access Only

The Company does not insure the right of vehicular access to and from the land.

Comment: Use this exception if the examination reflects only pedestrian right of access (e.g., foot path) and not vehicular right of access.

See Underwriting Manual


Standard Exception Subtopic

ACCX09 OR

STG

06/19/2009
V 1

Access rights relinquished to ODOT by Deed - Oregon

Limited access provisions contained in Deed from _______ to State of Oregon, by and through its State Highway Commission, including the terms and provisions therein contained. Recorded ________ as Instrument No. ________.


Standard Exception Subtopic

ACCX10 OR

STG

06/19/2009
V 1

Access rights relinquished to ODOT by Court Order - Oregon

Limited access provisions contained in "Final Judgment and Order of Taking" to State of Oregon, by and through its State Highway Commission, including the terms and provisions therein contained. Filed _________, in Case No. ________ Circuit Court for ______________.


Standard Exception Subtopic

ACCX11 OR

STG

06/19/2009
V 1

Land abuts State Highway, but there is no deed or court case establishing the highway - Oregon

Controlled access as set out in Oregon Revised Statute, ordinance or order providing that no right or easement of right of access to, from or across _________, a controlled access roadway, other than expressly provided for shall attach to the abutting property.


Standard Exception Subtopic

ACCX12 OR

STG

06/19/2009
V 1

Access via BLM Permit - Oregon

Subject to the terms, provisions and conditions of BLM Permit No. ________, dated ________, and expiration of the access rights provided therein which expire _______. Lack of a right of access to and from the Land after the expiration of the access rights contained in said BLM permit.


Standard Exception Subtopic

ACCX13 OR

STG

06/19/2009
V 1

Access via Oregon Parks & Recreation Permit - Oregon

Subject to the terms, provisions and conditions of Oregon Department of Parks and Recreation Permit No. ___, dated _______, and expiration of the access rights provided therein which expire ______. Lack of a right of access to and from the Land after the expiration of the access rights contained in said permit.