DES

Descriptions

Numerous issues exist relating to the descriptions. Surveys are frequently furnished or required.

Requirement

DESR01 STG

Address Furnished

The application identifies the land by a street address only. The Company does not insure that the description in this commitment covers the land that you requested. To prevent errors and to be certain that the proper land will appear on the documents and on the Policy of title insurance, the Company requires for its review a satisfactory legal description of the correct land provided and approval of the description signed by the parties to the transaction. At that time, the Company may make additional requirements or exceptions.
Comment: If only the address is furnished, use this note in the commitment unless you are clearly satisfied that the address and description are the same.

DESR02 STG

Defective Description

The legal description in instrument from _____________, grantor to ______________, grantee, recorded _____________ is defective or erroneous because _________________. The Company requires for its review satisfactory: (i) deed from the grantor to ______________ properly describing the land or (ii) final nonappealable judicial proceedings to vest title to the land in ____________. At that time, the Company may make additional requirements or exceptions.
Comment: The description may be defective because it is ambiguous, not attached, or erroneous. In any such case, require a correction or judicial determination clearing title. Always require releases of general statutory (involuntary) liens subsequently filed against the grantor.

See Underwriting Manual

DESR03 STG

Error in a typed record in the recording office

The description in deed made by __(name)__, grantor, to __(name)__, grantee, dated __/__/__, recorded __/__/__ in (Liber, Record Liber, Reel) ___ (C)p ___, is defective in that ____(state defect)___, whereas is should have been __(give correction)__. The original deed should be produced and examined, and if found to be correct, the record should be corrected. If the original deed is incorrect, a correction deed must be obtained from the grantor.

DESR04 STG

Where error in photocopied, filmed or imaged de

The description in deed made by __(name)__, grantor, to __(name)__, grantee, dated __/__/__, recorded __/__/__ in (Liber, Record Liber, Reel) ___ (C)p ___, is defective in that ____(state defect)___, whereas is should have been __(give correction)__. A correction deed must be obtained from the grantor.

DESR05 STG

Where deed recites side lines as parallel or ne

The description in deed dated __/__/__, recorded __/__/__ in (Liber, Record Liber, Reel) ___ (C)p ___, and in subsequent instruments, recites the side lines as “parallel or nearly so” and must be construed as parallel. The reference deeds on the (north and south)(east and west) show that the side lines are not parallel. By reason thereof (state where title fails and no insurance given).

DESR06 STG

Where side lines change from parallel to right

The description in deed made by __(name)__, grantor, to __(name)__, grantee, dated __/__/__, recorded __/__/__ in (Liber, Record Liber, Reel) ___ (C)p ___, recites the side lines as parallel with __(street)__, whereas all subsequent instruments recite the description as being at right angles to __(other street)__. By reason thereof, a correction deed is required from __(name)__ or no title will be insured to (state where title fails and no insurance given).

DESR07 STG

Where side lines change from right angles to pa

The description in deed made by __(name)__, grantor, to __(name)__, grantee, dated __/__/__, recorded __/__/__ in (Liber, Record Liber, Reel) ___ (C)p ___, recites the side lines as being at right angles to __(street)__, whereas all subsequent instruments recite the description as being parallel with __(other street)__. By reason thereof, a correction deed is required from __(name)__ or no title will be insured to (state where title fails and no insurance given).

DESR08 STG

Exact description not insured in absence of sur

In the absence of an accurate survey guaranteed to the Company, the exact location, courses, distances and dimensions of the real property described in Schedule A will not be insured.

DESR09 STG

Exact description not insured in absence of sur

In the absence of an accurate survey guaranteed to the Company, the exact location, courses, distances and dimensions of the real property described in Schedule A will not be insured, and the policy will only insure by lot number on the filed map.

Exception

DESX01 STG

Variation between tax map and record descriptio

Variation between tax map and record description.

DESX02 STG

No title insured as to overlap

No title is insured to the following described premises:

[description]

DESX03 STG

Contiguity of parcels not insured

No title is insured between the _______ line of parcel ___ and the ______ line of parcel ___.

DESX04 STG

Gore noted

A gore of up to ___ inches exists between the _______ line of parcel ___ and the ______ line of parcel ___.

Schedule A

DESS07 STG

Except Described Land Previously Conveyed

Except that portion of the land described in the instrument recorded ____________.
Comment: When describing the insured tract to include a parcel that has been conveyed, the description may except to an instrument describing that parcel.

See Underwriting Manual

DESS08 STG

Except Land Particularly Described

Except that portion of the land described in instrument recorded ________, described as follows:
Comment: This language excepts land described in a recorded instrument and a description attached to the policy.

See Underwriting Manual

DESS09 STG

Fee Simple

Fee simple
Comment: This is the highest and most commonly insured estate.

DESS10 STG

Fee in Improvements

Fee simple in the improvements located on the land as described in the instrument recorded _____________________.
Comment: Sometimes a person secures “fee simple” in improvements (subject to various conditions) and a lease in the land save and except the improvements (which should be excepted from that interest along with right of access and support). This provision may be modified to recite specific improvements known to exist on the land.
Note: You may add additional local Schedule A provisions here. Please consult with our underwriting personnel in preparing appropriate provisions.