Access: Underwriting Guidelines

Title policies may be issued insuring access only when legal access is provided by a prior recorded easement or the property abuts a dedicated public roadway. Implied and/or prescriptive easement rights are not considered legal rights of access and should not be insured on an owner’s or loan policy. Please note that the policy does not insure convenient access or any particular right of access, but the access insured must still meet the standard of being reasonable. If coverage is sought for any particular right of access, see guidelines under Easements and Endorsements. 


Important Note: The ALTA Homeowners Policy (1998) form includes a different insuring clause concerning access. That particular form insures the existence of a useable means of access. It does not insure just the existence of a legal right of access but also insures the existence and usability of the access right. This is a different and higher standard for insurance of access and requires additional underwriting analysis. The additional underwriting standards and guidelines for this policy form are discussed under Homeowners Policy Form in these Guidelines.