Bulletin: FL000009

Date:
May 29, 1992
To:
All Stewart Offices and Agents
RE:
Sovereignty Lands

Dear Associates:

When issuing loan policies, owners polices and commitments where the insured land abuts or is close to any navigable body of water, such as the Gulf or Atlantic, rivers, lakes or inlets, you must determine whether or not any portion of the lands to be insured have been filled. If they have been filled you must determine proper dredge and fill permits have been obtained and that the State of Florida has conveyed its interest in such filled in lands.

If you cannot determine that (i) the lands have been filled, and (ii) proper dredge and filled permits have been obtained and the state has conveyed its intent, you then must show the following exception under Schedule B:

"The premise herein described possibly being artificially filled land in what was formerly navigable waters, it is subject to any and all rights of the United States Government and of the State of Florida arising by reason of the United States Government control over navigation and commerce and the rights of the State of Florida in lands and/or waters of such character."

The above statement must be included in commitments since you can not add exceptions at the time of policy issuance that were not a part of the commitment.

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.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
3.28 Commitment
 
18.44 Swamp Land And Overflowed Lands
 
22.00 Waters
Exceptions Manual:
FL Wetlands
Forms:
ALTA Commitment 1966
 
ALTA Loan Policy 1992
 
ALTA Owner's Policy 1992