Streets, Alleys and Roads
The same general considerations for insuring and excepting to easements apply to streets, alleys and roads. If the exception to unrecorded easements is removed, you must consider whether roads exist on the land (e.g., as reflected by a survey). You must consider whether the character of the land demands a broad exception to existing roads (e.g., very large acreage transactions, farms, and ranches). If a known road is vacated, statutory procedure (which may include public notice, appraisal, and payment) must be complied with. The Company customarily excepts to existing utilities in a vacated road. An exception for easements for access in favor of other subdivision owners also may be appropriate.
Located Road (No Recording Reference)
Title to and easements in, that portion of the land within the street/alley/road along the ____________ of the land.
Comment: You should use this exception to a known (unrecorded) road.
General Roads Exception (No Recording Reference
Title to, and easements in, any portion of the land lying within any highways, roads, streets, or other ways.
Comment: If you believe that unidentified roads cross the land, or if the land is a farm, ranch, or other large acreage parcel, you should use this exception, when you delete the standard exception to unrecorded easements.
Title to, and easements in, that portion of the land along the _________ of the land reserved for the widening of ______________ as disclosed by ______________.
Comment: If a map, plat or other instrument designates a portion of the land for street widening, you should use this exception.
Located Road (With Recording Reference)
Terms and provisions, including title to, and easement for, street or road along the _______ of the land as provided in instrument recorded ______________________.
Comment: You should use this exception if a recorded grant, reservation, or map reflects or creates a road easement.
[the Town Plan (See Town Law § 280-a)]
[the Village Plan (see Village Law § 1790].
Insured Nonexclusive Road Easement
Nonexclusive easement for engress or egress as provided in the instrument recorded _________________.
Comment: Insurance of an easement must be based on a full examination of the title. The easement must be appurtenant. It must be insured as “nonexclusive.”