ACC

Access

Insuring provision number 4 of the Owner’s and Loan Policies insures against loss or damage because of “Lack of a right of access to and from the land.” The Policy insures legal right of access to and from the land. However, it does not insure the physical condition of that access. The examination of the title must determine that the land has access. If the access is provided by an easement, the examination must include that easement, even if the easement will not be described in the Policy.

Requirement

ACCR01 STG

Satisfactory Evidence of a Right of Access

Lack of a right of access to and from the land. The Company requires satisfactory evidence of a right of access. The Company may then make additional requirements or exceptions.
Comment: If the examination of the title does not reflect a right of access to and from the land, the commitment must except to lack of a right of access and require satisfactory evidence of a right of access.

See Underwriting Manual

Exception

ACCX01 ALTA

Complete Lack of a Right of Access

Lack of a right of access to and from the land.
Comment: Use this exception if the examination does not reflect a right of access to the land or if all rights of access have been released, granted, or waived.

ACCX03 STG

Partial Lack of a Right of Access Because of Grant

Lack of a right of access to and from the land from _______________ because of a grant by instrument recorded ____________.
Comment: Use this exception if a deed or other grant releases, waives or conveys a right of access to and from an abutting street but the land still retains a right of access from another source.

ACCX04 STG

Complete Lack of a Right of Access Because of Conveyance

Lack of a right of access to and from the land because of condemnation ____________.
Comment: Use this exception if the condemnation proceeding on an adjacent strip of land also takes all of the abutter’s rights of access.

ACCX05 STG

Partial Lack of Access Because of Condemnation

Lack of a right of access to and from the land from _______________ because of condemnation.
Comment: Use this exception if the condemnation proceedings take some access rights but the land still retains a right of access from another source.

ACCX06 STG

Complete Lack of a Right of All Access Because of Map or Plat

Lack of a right of access to and from the land as relinquished by the map or plat of ______________________________.
Comment: Use this exception if the map or plat of the land or of adjacent land extinguishes or relinquishes all abutter’s rights of access.

ACCX07 STG

Partial Lack of a Right of Access to Because of

Lack of a right of access to ____________ from the land as relinquished by the map or plat at _______________.
Comment: Use this exception if the map or plat of the land or adjacent land extinguishes or relinquishes some abutter’s rights but the land still retains a right of access from another source.

ACCX08 STG

Pedestrian Right of Access Only

The Company does not insure the right of vehicular access to and from the land.
Comment: Use this exception if the examination reflects only pedestrian right of access (e.g., foot path) and not vehicular right of access.

See Underwriting Manual

ACCX09 STG

Access Rights Relinquished to ODOT by Deed

Limited access provisions contained in Deed from _______ to State of Oregon, by and through its State Highway Commission, including the terms and provisions therein contained. Recorded ________ as Instrument No. ________.

ACCX10 STG

Access Rights Relinquished to ODOT by Court Order

Limited access provisions contained in "Final Judgment and Order of Taking" to State of Oregon, by and through its State Highway Commission, including the terms and provisions therein contained. Filed _________, in Case No. ________ Circuit Court for ______________.

ACCX11 STG

Land Abuts State Highway, but there is no Deed or Court Case Establishing the Highway

Controlled access as set out in Oregon Revised Statute, ordinance or order providing that no right or easement of right of access to, from or across _________, a controlled access roadway, other than expressly provided for shall attach to the abutting property.

ACCX12 STG

Access via BLM Permit

Subject to the terms, provisions and conditions of BLM Permit No. ________, dated ________, and expiration of the access rights provided therein which expire _______.

Lack of a right of access to and from the Land after the expiration of the access rights contained in said BLM permit.

ACCX13 STG

Access via Oregon Parks & Recreation Permit

Subject to the terms, provisions and conditions of Oregon Department of Parks and Recreation Permit No. ___, dated _______, and expiration of the access rights provided therein which expire ______.

Lack of a right of access to and from the Land after the expiration of the access rights contained in said permit.