18.40.7

Survey Coverage Without Review of a Survey

Extended coverage for the standard survey exceptions (deletion of the survey-related exceptions) and survey endorsements (e.g., issuance of the ALTA 9.1 or 9.2) may be available in the following states, for the referenced policies (excluding construction-related policies), under the following circumstances, without a survey:

States:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

Inapplicability to Construction-Related Policies:
Policies of any type involving construction (construction loan policies or owner's policies where construction is being performed) or recently-completed construction, are not covered by these criteria. In order to offer extended coverage and/or additional survey endorsements for construction-related projects, a current survey (showing the completed improvements) must be obtained and reviewed.

Affidavit Relating to Survey Matters:
In all situations, you should obtain an affidavit from the seller or borrower (as applicable) confirming that they have no notice of problems that a survey would disclose (e.g., encroachments, easements, blocked access, etc.). Such statements may be included in your standard title affidavit. In some cases, specific affidavit forms are required, as noted below.

Loan Policy: Residential Property
Stewart Title Guaranty Company (STG) does not require a survey in order to give extended coverage as to survey matters in Loan Policies issued on 1-4 family residential properties. You may delete the survey exception or issue the appropriate survey coverage endorsement without any inspection or additional requirements. You also may delete any general exception to unrecorded easements.

You should continue to except to easements of record and any significant encroachments, conflicts or unrecorded easements of which you have actual knowledge, either by a prior survey or inspection report in your possession, your search, or information obtained from a starter policy which conforms to STG requirements.

These 1-4 family residential policies can be either subdivision lots or acreage tracts under 25 acres.

Loan Policy: Commercial Property
STG does not require a survey in order to give extended coverage as to survey matters in Loan Policies or Short Form Commercial Loan Policies issued on commercial transactions with liabilities of up to $25,000,000 per site. You must include specific exceptions (such as specific encroachments) as provided above for matters actually known by you. If the liability for a site exceeds $25,000,000 and you are requested to provide extended coverage as to survey matters without a survey, please call a Senior Underwriter.

Loan Policy: Endorsements
You may issue the ALTA Form 9, 9-06, 9.3 or 9.3-06 Endorsement or CLTA Form 100 Endorsement (or similar Endorsement available in your jurisdiction) on Loan Policies covering 1-4 family residential properties or on Loan Policies relating to commercial transactions of up to $25,000,000 per site without a survey, if you include specific exceptions for matters (such as specific encroachments) actually known by you and if you comply with our other requirements for issuance of these endorsements. If the liability for a site exceeds $25,000,000, please call a Senior Underwriter.

1992 ALTA Owner's Policy: Residential Property
STG does not require a survey in order to give extended coverage as to survey matters in Owner's Policies covering 1-4 family residential property in platted subdivisions, if you include specific exceptions for matters (such as specific encroachments) actually known to you and if you obtain STG Affidavit Concerning Encroachments and Property Boundary Issues 1 from the seller. You must secure overlimits approval from our underwriting personnel for issuance if the policy to be issued will exceed your authority to issue without underwriting approval.

ALTA Homeowner's Policy: Residential Property
STG does not require a survey to issue the ALTA Homeowner's Policy. Survey matters are dealt with in the Homeowner's Policy Of Title Insurance Affidavit 2000, required for issuance of the ALTA Homeowner's Policy. Please see Bulletins MU000030 and MU000036 .

Short Form Residential Owner's Policy
STG does not require a survey to issue the Short Form Residential Owner's Policy. Please see Bulletin MU000035.

Owner's Policy: Commercial Property
You may provide survey coverage on an Owner's Policy covering commercial property based on a prior survey of any date if: (a) you obtain STG Affidavit Concerning Encroachments and Property Boundary Issues 1 from the seller, (b) you do not have actual knowledge that improvements have been added since the date of the prior survey, and (c) you add specific exceptions for matters (such as specific encroachments) shown on the prior survey. You may also rely on the prior survey for issuance of other endorsements (such as survey, contiguity or ALTA 9.1 or 9.2), that require review of a survey. You must secure overlimits approval from our underwriting personnel for issuance if the policy to be issued will exceed your authority to issue without underwriter approval. Please call our underwriting personnel if you are asked to provide survey coverage on an Owner's Policy covering commercial property without a prior or new survey.

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