1.08 Abutting Owners' Rights Of Access


In General

The phrase "abutting owners" is used to designate those owners of real estate whose lands touch a highway or any other public area, whereas the phrase "adjoining owners" is usually used to designate two neighboring properties bordering on each other.

If access is provided to some public street or road we can insure the general right of access. If the right of access to an abutting public street or road has been surrendered by deed or other instrument, or has been taken by condemnation, then an exception to a lack of access should be made.


Possibility Of Easements Or Restrictions

When the abutting owners' rights of access are conveyed or condemned, it is extremely important to ascertain whether the deed or condemnation decree additionally establishes any kind of easement or restriction over the rest of the property.

If that is the case, the easement or restriction must be shown as a separate exception in the title commitment and in the title.


Insuring Access With Access Endorsement

Specific access from a designated street can be insured using the T-23 Access Endorsement. 

The premium for this endorsement is $100 for each policy (not street) under R-30.  The T-23 Access Endorsement pursuant to P-54 can be issued to as Owners Policy T-1 and Loan Policy T-2, on non-residential property.  Exceptions to coverage and deletions of insuring provisions are allowed by the rule. Any matter dealing with access can only be insured using this Endorsement (T-23).