Before coverage can be given against the exercise of the navigational servitude rights of the federal government, a review of the maps and surveys of the area indicating the extent of filling must be made and such maps and surveys should show the proximity of the proposed insured premises to any channels, navigational aids or deep-water ports. In addition, information concerning the permit for dredging and filling and the information regarding the nature and extent of any existing or proposed improvements must be obtained.
If the property was not properly filled, an exception must be made as to sovereignty lands – and language regarding the attachment of the Navigational Servitude endorsement must be made, showing that the coverage afforded by the endorsement does not extend to any portion of the subject property which is encompassed by such (improperly) filled lands. If the property was properly filled, the Navigational Servitude Endorsement may be issued without such exceptions being made.
“Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created.”
A sample Navigational Servitude Endorsement form.