To insure on the basis of a vacation, you must verify that all statutory and local requirements were met. These may include publication, appraisals, and fair market sale. You must then confirm who owned the underlying fee (typically, adjacent owners). Exception may need to be made to lines in the street and to continued subdivision owner use.



Exclusion of Vacated Land

That portion of vacated ____________ abutting the land is specifically excepted from coverage of this Policy.
Comment: If you are not willing to insure a vacated strip (e.g., where fee ownership is not clearly vested in the seller), you should add this exception.


Utility Lines in Vacated Street

Easements, if any, for public utilities pipelines or facilities installed in any portion of the vacated street or alley, lying within the land, together with the right of ingress and egress to repair, maintain, replace and remove the same.
Comment: If a street is vacated, then actual prior use, the vacation itself, or state law may result in easements for existing utility lines.


Subdivision Owners’ Access Easement

Easements for access in favor of owners in the subdivision in which the land is located.
Comment: Even if a street is properly abandoned, lot owners in the same subdivision (at least those in the same block) have private easements based on their purchase of lots in the subdivision.