Easements

Table of Contents
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.

Requirements

Standard Exception Subtopic

EASR01

STG

10/10/2011
V 4

Recent Deed in Chain Shows Easement

The instrument recorded _______________ indicates an easement for _______________. If it is desired that said easement be insured, you must request such insurance. At that time, the Company may make additional requirements and exceptions.
Comment: As an accommodation to the customer, you may disclose an easement to the grantor or other person in the chain that is not covered by the title order. Any easement must be examined before it can be insured.

See Underwriting Manual


Exceptions

Standard Exception Subtopic

EASX01

ALTA

10/10/2011
V 4

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.

Standard Exception Subtopic

EASX02

ALTA

10/10/2011
V 4

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.

Standard Exception Subtopic

EASX03

ALTA

10/10/2011
V 4

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.

Standard Exception Subtopic

EASX04

ALTA

10/10/2011
V 4

Easement â?? 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.

Standard Exception Subtopic

EASX05

ALTA

10/10/2011
V 4

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.

Standard Exception Subtopic

EASX06

ALTA

10/10/2011
V 4

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.

Standard Exception Subtopic

EASX07

ALTA

10/10/2011
V 4

Easement â?? 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.

Standard Exception Subtopic

EASX08

ALTA

10/10/2011
V 4

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.

Standard Exception Subtopic

EASX09

ALTA

10/10/2011
V 3

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.

Standard Exception Subtopic

EASX10

ALTA

10/10/2011
V 4

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.

Standard Exception Subtopic

EASX11

STG

10/10/2011
V 4

Utility Easement Along Property Line

______ foot utility 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

EASX12

STG

10/10/2011
V 3

Utility Easement Located

______ foot utility easement along the _______________ 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

EASX13

STG

10/10/2011
V 4

Drainage Easement Along Property Line

______ foot drainage 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

EASX14

STG

10/10/2011
V 3

Drainage Easement Located

______ foot drainage easement along the _________________ 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

EASX15

STG

10/10/2011
V 4

Sanitary Sewer Along Property Line

______ foot sanitary sewer easement along the ____________ property line of the land as set forth the in 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

EASX16

STG

10/10/2011
V 3

Sanitary Sewer Located

______ foot sanitary sewer easement along the __________________ 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

EASX17

STG

10/10/2011
V 4

Railroad Easement Along Property Line

______ foot railroad 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

EASX18

STG

10/10/2011
V 4

Railroad Easement Located

______ foot railroad easement along the __________________ 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

EASX19

STG

10/10/2011
V 4

Access Easement Along Property Line

______ foot access 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

EASX20

STG

10/10/2011
V 4

Access Easement Located

______ foot access easement along the __________________ 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

EASX21

STG

10/10/2011
V 4

Driveway Easement Along Property Line

______ foot driveway 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

EASX22

STG

10/10/2011
V 4

Joint Driveway Agreement

Terms and provisions of joint driveway agreement 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

EASX23

STG

10/10/2011
V 4

Navigation Easement Along Property Line

______ foot navigation 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

EASX24

STG

10/10/2011
V 4

Navigation Easement Located

______ foot navigation easement along the _________________ 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

EASX25

STG

10/10/2011
V 4

Street Easement Along Property Line

______ foot street 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

EASX26

STG

10/10/2011
V 4

Street Easement Located

______ foot street easement along the ___________________ 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

EASX27

STG

10/10/2011
V 4

Road Easement Along Property Line

______ foot road 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

EASX28

STG

10/10/2011
V 4

Road Easement Located

______ foot road easement along the _________________ 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

EASX29

STG

10/10/2011
V 4

Anchor Easement Along Property Line

______ foot anchor 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

EASX30

STG

10/10/2011
V 4

Anchor Easement Located

______ foot anchor easement along the _______________ 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

EASX31

STG

10/10/2011
V 4

Easement disclosed by Survey

Any easement for ____________ and incidental use along ___________ as disclosed by the survey by ____________ dated ____________.
Comment: Various matters, such as pipelines, sewer lines, manholes, electric lines, and fire hydrants may be shown on a survey and often are consistent with easement use. If not within and consistent with the use of a recorded easement, you should except to the possible easement reflected by the matter.

Standard Exception Subtopic

EASX32

STG

10/10/2011
V 4

Multiple Easements disclosed by Survey

Any easements for utilities and incidental use as disclosed by the survey by ________________ dated ______________ reflecting the following _________________.
Comment: Various matters, such as pipelines, sewer lines, manholes, electric lines, and fire hydrants may be shown on a survey and often are consistent with easement use. If not within and consistent with the use of a recorded easement, you should except to the possible easement reflected by the matter.

Standard Exception Subtopic

EASX33

STG

10/10/2011
V 4

Utility Lines Disclosed by Survey or Inspection

Rights and easement of others to use, maintain and replace the utility wires and poles along the _________ of the land as shown on the survey (or inspection) by _____________ dated ____________.
Comment: If a survey or inspection discloses utility lines not located within an existing recorded easement, you should except to the possible easement for the lines.

Standard Exception Subtopic

EASX34

STG

10/10/2011
V 4

Except to Condemned Land

That portion of the land condemned in Case or Action No. _________ recorded ________________.
Comment: This exception may be used if a portion of the land is condemned, particularly if it is unclear as to whether the fee or an easement is taken. If the location and the width are clear, they can be identified.

See Underwriting Manual


Standard Exception Subtopic

EASX35

STG

10/10/2011
V 4

Exception Unclear Whether Fee or Easement

The ______________ of the land conveyed by instrument recorded ________________.
Comment: This exception may be used if a portion of the land is conveyed, particularly if it is unclear as to whether the fee or an easement is transferred.

See Underwriting Manual


Standard Exception Subtopic

EASX36

STG

10/10/2011
V 4

Avigational Easement

Terms and provisions of Avigational easement as described 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

EASX37

STG

10/10/2011
V 4

Flood Easement

Terms and provisions of easement to overflow, flood, and submerge the ____________ portion of the land as set forth in 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

EASX38

STG

10/10/2011
V 4

Utility Easements in Abandoned Road

Easements for utilities or pipelines in that portion of the land that is an abandoned or vacated road or right-of-way.
Comment: If a road is abandoned or vacated, then state law, the abandonment proceeding, or the deed may reserve an easement for existing utility lines and pipelines.

Standard Exception Subtopic

EASX39

STG

10/10/2011
V 4

Recorded Utility Easements in Abandoned Road

Easements for utilities or pipelines in that portion of the land that is an abandoned or vacated road or right-of-way as set forth in the instrument recorded __________________.
Comment: If a road is abandoned or vacated, then state law, the abandonment proceeding, or the deed may reserve an easement for existing utility lines and pipelines.

Standard Exception Subtopic

EASX40

STG

10/10/2011
V 4

Recitals in Instrument

The following recitals (and rights reflected thereby) contained in that instrument recorded _________________:
Comment: Unusual recitals in an instrument may reflect an easement or similar rights. These recitals may appear in a deed, mortgage, or plat.

See Underwriting Manual


Standard Exception Subtopic

EASX41

STG

10/10/2011
V 4

Easement Created in Deed of Trust

A _______________ easement as described in that Deed of Trust recorded __________.
Comment: The deed of trust may create an appurtenant easement.

Standard Exception Subtopic

EASX42

STG

10/10/2011
V 4

Easement Created in Mortgage

A _______________ easement as described in that mortgage recorded __________.
Comment: The mortgage may create an appurtenant easement.

Standard Exception Subtopic

EASX43

STG

10/10/2011
V 4

Reciprocal Easement Agreement

Terms and provisions of that construction, operation and reciprocal easement agreement 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

EASX44

STG

10/10/2011
V 4

Overburdening

Any claim that the insured easement or right of access to the land may be overburdened because:
(1) 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.
Comment: If the sole right of access or an insured easement was granted for a smaller tract, or if the benefited tract has been subdivided, the grantor of the easement may claim it is overburdened by the unanticipated use.

Standard Exception Subtopic

EASX45

STG

10/10/2011
V 4

Current Ownership of Easement

The Company does not represent the present ownership of said easement.
Comment: The Company prefers not to show the ownership of an excepted easement. If the ownership is described, add this language to disclose we are not insuring that ownership.

See Underwriting Manual


Standard Exception Subtopic

EASX46

STG

10/10/2011
V 4

Cable Agreement

The terms and provisions of the Cable Television Installation Agreement 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

EASX47

STG

10/10/2011
V 4

Aerial Easement

A ___________ foot aerial easement located adjacent to and ____________ above all dedicated easements indicated by the subdivision plat as described in 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

EASX48

STG

10/10/2011
V 4

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

EASX49

STG

10/10/2011
V 4

Easement Location

Modified by the instrument recorded __________ fixing the location of the easement over the ____________ of the land.
Comment: If a later agreement locates or limits an easement, use this exception to refer to the modification.

See Underwriting Manual


Standard Exception Subtopic

EASX50

STG

10/10/2011
V 4

Easement Partially Released

Partially released by the instrument recorded __________ releasing the easement except over the following described portion of the land: _________________.
Comment: If a later agreement partially releases an easement, use this exception to refer to the partial release.

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

See Underwriting Manual


Schedule A

Standard Exception Subtopic

EASS01

STG

10/10/2011
V 4

Insured Easement

A nonexclusive easement for _________ over and across ___________ described in instrument dated _______ from _____________ to ___________ recorded ___________.
Comment: The description of the easement should never describe the easement as “exclusive” unless you secure the Company’s approval. When you insure an easement, except to its terms in Schedule B. If you cannot determine whether the right is a fee or an easement, insure it only as an easement.

Standard Exception Subtopic

EASS02

STG

10/10/2011
V 4

Insured Appurtenant Easement - Describing Land

A nonexclusive easement for _______________ purposes, appurtenant to ________________ as described in instrument recorded ________________ over the following land:
Comment: The description of the easement should never describe the easement as “exclusive” unless you secure underwriter approval. When you insure an easement, except to its terms in Schedule B.

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