Filled-In Lands

Filled-In Lands: Underwriting Guidelines

Generally, Agents National Title does not insure accretion. In some states accreted lands may be considered the property of the upland owner and are, therefore, insurable. More commonly, title to accreted land (and filled land as well) must be determined by court order in a quiet title lawsuit. Since title to filled-in lands is subject to the ownership of the state and the regulatory rights of the federal government, an exception for these rights must be listed in the commitment and policy as follows:


“The property described herein being artificially filled-in land on formerly navigable waters, this policy is subject to any adverse claim by the State of __________ and/or the United States Government by reason of sovereignty and/or riparian rights, if any.”


See also:


Waterfront Property and Wetlands