Streets, Alleys and Roads
The same general considerations for insuring and excepting to easements apply to streets, alleys and roads. If extended coverage is given, and 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.
Where land in street is not insured
No title is insured to any land lying in the bed of any street, road or avenue abutting, adjoining, passing through or crossing the premises herein.
Where street is opened or widened and cannot be
No title is insured to so much of the premises as has been taken for the opening or widening of __(street name)__.
Where no insurance between Map street and City
No title is insured to any land lying between the line of __(street name)__ as shown on map __(title of map)__ and the line of __(street name)__ as shown on the City Plan, but Company insures that a valid easement exists over said strip of land to reach the City Plan street.
Easements in streets not insured
The premises herein described have no frontage on any legally opened street, road or avenue, and policy will not insure any right of way over any existing street or avenue in front of the premises herein.
Where street insured but easements to be except
Except possible __(public, private [or both; reader to state which])__ easements and rights in and to so much of the premises herein as lies in the bed of __(name of street)__ crossing said premises.
In the City of New York where premises do not f
The premises herein described do not front on a street laid out on the City Plan. Policy will except the provisions of Section 36 of the General City Law.
In the City of New York where City Plan shows a
Approximately __(#)__ feet of the premises described, together with __(describe portion of building, if any, thereon)__ lies in the bed of __(street name)__ as the same is laid out on the Final Map of the City of New York. This portion of the premises is subject to the restrictive use imposed by Section 35 of the General City Law.
Where subdivision map shows widening; limitatio
Subject to any public and private easements which may bar or limit any award for the taking of property affected by the proposed widening.
Where streets have not been officially acquired
For Information Only: Not to be included or excepted in policy. Inquiry discloses that the street(s) in front of the premises is (are) maintained by the municipality having jurisdiction thereof.
For V.A. mortgages where a valid easement exist
Policy by its standard terms insures the ordinary rights of access and egress belonging to the abutting owners over the streets in front of the premises.
Limited access roads and highways
The __(compass direction, e.g. easterly)__ line of the premises herein fronts on __(e.g. The Sprain Brook Parkway)__. This is a limited access highway and no right of ingress or egress from the premises to said highway are insured.
Premises do not front on street (outside NYC)
Premises shown on Schedule A do not front on a street shown on:
[the Town Plan (See Town Law § 280-a)]
[the Village Plan (see Village Law § 1790].
Premises do not front on street
Premises shown on Schedule A do not front on a street shown on the County Tax Map and policy does not insure that the premises can be apportioned into separate tax lot or lots.
Outside NYC where property lies in bed of propo
Approximately __(#)__ feet of the premises described, together with __(describe portion of building, if any, thereon)__ lies in the bed of __(street name)__ as the same is laid out on the official map of the [City/Town/Village] of __________. This portion of the premises is subject to the restrictive use and limitations imposed by [General City Law § 35] [Town Law § 279] [Village Law § 7-734].
Insured Nonexclusive Road Easement
Nonexclusive easement for street or road 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.”