- July 10, 2012
- All Issuing Offices
- Drafting Easement Exceptions - Elevations or Contour Lines
This bulletin reminds you of the preferred method of describing certain easements as exceptions in Schedule B.
When drafting an easement exception for Schedule B of a commitment, preliminary report or title policy, if the recorded instrument creating the easement contains references to specific land elevations or contour lines (e.g., if the easement burdens land below a certain elevation or contour line), you should nevertheless refrain from stating the specific numerical height of such elevations or the specific numerical value of such contour lines in the Schedule B exception that describes the easement where such easement instrument involves the United States Army Corps of Engineers, or any other instruments, without approval of an underwriter.
As a reminder, the easement exception must be consistent with the use expressed in the instrument. Do not try to interpret an ambiguous easement or rephrase its use.
If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.
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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.