Guideline: ALTA Endorsement 9.8-06 (Covenants, Conditions, and Restrictions - Land Under Development--Owner's Policy) - Revised (04/02/12)


This endorsement to the Owner's policy insures against violations of covenants and notices of violations of covenants relating to environmental protection with respect to Improvements and Future Improvements. It provides coverage similar to the ALTA Endorsement 9.2-06 for existing Improvements.  It provides coverage with respect to Future Improvements that are shown on identified Plans (survey, site and elevation plans or other depictions or drawings prepared by an architect or engineer and identified in Section 2.d of the endorsement). Endorsement 9.8-06 is issued with a 2006 ALTA Owner's Policy.

Underwriting Requirements:

(1)  Covenant(s) (covenant, condition, limitation, or restriction in a document or instrument in effect at Date of Policy):

(a)  Verify that there is no existing violation of the Covenant(s). If there is any existing violation of the Covenant(s), except to the violation in Schedule B.

(b)  Require a survey reflecting the current Improvements and the Future Improvements.  Except in Schedule B to all encroachments over building setback lines.

(2)  Notices of Violation of Environmental Covenants

If a notice of violation of a Covenant relating to environmental protection has been recorded in the real property records (the “Public Records”), except to it in Schedule B.

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.