- July 30, 1990
- All Issuing Offices (Except Connecticut)
- Indexing Title Plant Right of Way Deeds & Exceptions
In many deeds in connection with highways and in many condemnation proceedings, the State is cutting off the right of access to highways from the remainder of the property.
Where property is taken for roads or highways, be careful to index the deed or the judgment, as the case may be, both against the property taken and the property remaining so that anyone checking your records will be sure to check carefully the deed or judgment, as the case may be, to determine what the situation is on right of access to use of the highway. If you do not have a title plant and are checking courthouse records only, be sure to check any Deeds or Judgments in the chain of title which reflect a deed to or a taking by the State or Federal Government.
Extreme caution should be exercised in dealing with titles to lands fronting freeways, expressways, and service roads. For example, highway departments take the position that if the owner of the property fronting on a service road or expressway did not have a frontage on the road or street which was widened in construction of the expressway, such party does not, as a matter or right, have access to the feeder road or expressway.
Please check the applicable maps or plats to see if this situation exists and if so, use the exception below. Also, if the right of access of property adjoining the highway has been cut off by the deed or condemnation proceeding specifically reciting that the State is acquiring the abutting owner's rights of ingress and egress, place the following exception in the policy:
"Failure of the above described property to have access to_________________________ street."
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.