Streets, Alleys and Roads

Standard Exception Topic

STR


Streets, Alleys and Roads

The same general considerations for insuring and excepting to easements apply to streets, alleys and roads. If extended coverage is given, and the exception to unrecorded easements is removed, you must consider whether roads exist on the land (e.g., as reflected by a survey). You must consider whether the character of the land demands a broad exception to existing roads (e.g., very large acreage transactions, farms, and ranches). If a known road is vacated, statutory procedure (which may include public notice, appraisal, and payment) must be complied with. The Company customarily excepts to existing utilities in a vacated road. An exception for easements for access in favor of other subdivision owners also may be appropriate.

Exceptions

Standard Exception Subtopic

STRX01

ALTA

10/19/2011
V 4

Located Road (No Recording Reference)

Title to and easements in, that portion of the Land within the street/alley/road along the ____________ of the Land.
Comment: You should use this exception to a known (unrecorded) road.

Standard Exception Subtopic

STRX02

ALTA

10/19/2011
V 4

General Roads Exception (No Recording Reference

Title to, and easements in, any portion of the Land lying within any highways, roads, streets, or other ways.
Comment: If you believe that unidentified roads cross the land, or if the land is a farm, ranch, or other large acreage parcel, you should use this exception, when you delete the standard exception to unrecorded easements.

Standard Exception Subtopic

STRX03

ALTA

10/19/2011
V 4

Future Widening

Title to, and easements in, that portion of the Land along the _________ of the Land reserved for the widening of ______________ as disclosed by ______________.
Comment: If a map, plat or other instrument designates a portion of the land for street widening, you should use this exception.

Standard Exception Subtopic

STRX04

ALTA

10/19/2011
V 4

Located Road (With Recording Reference)

Terms and provisions, including title to, and easement for, street or road along the _______ of the Land as provided in instrument recorded ______________________.
Comment: You should use this exception if a recorded grant, reservation, or map reflects or creates a road easement.

Schedule A

Standard Exception Subtopic

STRS01

STG

10/19/2011
V 4

Insured Nonexclusive Road Easement

Nonexclusive easement for street or road as provided in the instrument recorded _________________.
Comment: Insurance of an easement must be based on a full examination of the title. The easement must be appurtenant. It must be insured as “nonexclusive.”