Insuring Easements

Prior to insuring an appurtenant, or any easement, a proper legal description of the easement must be obtained. There must be a recorded instrument that describes the easement as well as the purpose of the easement. There must be a valid conveyance of that easement to the current owner and to the proposed insured. Legal descriptions for the property to be insured as well as for the appurtenant easement must appear on Schedule A of the title policy, if the easement is to be insured. The parcel burdened by the easement must also be searched to determine that the easement was properly created and that all who had an interest in the serviette parcel joined in the conveyance of the easement when it was originally established, including mortgagees.  Easements in gross will usually not be insured. Consult your local underwriting counsel for guidance.