When insuring the title to property which is subject to an easement or right of way, the rights of all persons entitled to use the easement must be excepted from the policy coverage under Schedule B. All easements should be listed as exceptions, with appropriate recording information as well as the type and, if known, the location of the easement.
The following are suggested ways to set out easements:
“Easement for a power line running through subject property, as shown by instrument dated _________, _____ recorded in the _____________ office for _____________County, in ______________ Book _____, Page _________.”
“Easement of ________ feet for [DESCRIBE PURPOSE OF EASEMENT] according to plat of said [ADDITION OR SUBDIVISION] recorded in Plat Book _____, Page ______, ____________ County records.”
“Easement over the ______ feet for [DESCRIBE PURPOSE OF EASEMENT] according to [DEED OR INSTRUMENT] recorded in Deed Book _____, Page ____, _______________ County records.”
“Easement granted to _____________ over the _________ feet of said lot according to [DEED OR INSTRUMENT] recorded in Deed Book ____, Page ____, _______________ County records.”
Easement for driveway purposes over the _________________, for the use and benefit of the adjoining property according to [DEED, INSTRUMENT OR AGREEMENT] recorded in Deed Book ____, Page ____, ________________ County records.”
The following are suggested ways to set out exceptions for rights of way:
“Rights of the public in and over that portion of [sidewalk, alley, etc.] affecting subject property.”
“Right of way running over the Southwest portion of subject property as shown by survey of John Doe, dated _______________, _____.”
“Right of way of [NAME OF ROAD OR STREET] over that portion of above property embraced therein.”
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