Environmental Protection (ALTA 8.1): Underwriting Guidelines

A search of local records*must be made to determine whether any state or federal lien or notice of possible contamination has been filed. If detected, an exception should be made for that matter on Schedule B as follows:


“The Environmental Protection Agency or other Federal or State Authority for a lien according to the United States of America and all obligations and effects there of violation of environmental protection laws or other environmental obligations affecting the land according to instrument filed in the ____records of ____, for the County Parish of_____, State of_____.”


*Note: If your state has enacted the Uniform Federal Lien Registration Act, environmental liens must be recorded in the land records of the county in which the affected property is located. If this statute has not been adopted by your state, environmental liens are to be filed in the office of the Federal District Court desk for the district in which the affected property is located. The appropriate records must be searched for environmental liens as a requirement for issuance of the 8.1 endorsement.


Paragraph (b) of the endorsement requires that the agent show any state statutory provisions creating a super-lien or a lien recorded in records other than those presently searched for purposes of issuing policies. If there are no statutory provisions within the state which the property is located, the word “none” should be inserted to complete paragraph (b). If you are unsure as to what should be shown in this screen, please contact your local Agents National Title Counsel.