CLTA Damage to Improvements Resulting from Extraction of Minerals Endorsement Guideline 100.26


Provides insurance to the ALTA lender against loss or damage to present or future improvements according to FHA plans and specifications by reason of the exercise of the rights of the mineral owner to utilize the surface and a portion of the land lying above the depth of 500 feet of the surface.

Underwriting Requirements:

(1) This endorsement may be issued if an examination of the oil, gas and mineral lease discloses that the right of surface entry to the necessary depth has been expressly waived; or
(2) Statutes, local ordinances and/or zoning regulations prohibit mineral development and the neighborhood is entirely improved with residences.
(3) If there is oil and gas activity in the area, contact the appropriate Stewart Title Guaranty underwriting personnel for approval.

Any revision to this form requires approval of a Stewart Title Guaranty Company underwriter. The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability.

Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.

This guideline applies to the following form(s):