NEW ALTA ENDORSEMENT FORMS

Transcription

1 NEW ALTA ENDORSEMENT FORMS In April the American Land Title Association (ALTA) adopted several new endorsement forms, withdrew two endorsements, and revised many others. The new and revised forms have been filed for use in Ohio and will generally be available beginning September 1, ALTA Zoning Land Under Development ( ) (new Owner's or Loan Policy): This form is a variation on the ALTA endorsement to provide coverage for proposed buildings to be constructed on the Land if they are built according to site and elevation plans identified therein. ALTA 9 06 Restrictions, Encroachments, Minerals Loan (revised) ( ): This endorsement was extensively revised by ALTA. While this form still provides most of the coverages of the previous 2006 version, the coverage language is different. It no longer gives coverage for Private Rights. Private Rights are assurances that, unless expressly identified in Schedule B of the Policy, any instrument containing Covenants, Conditions and Restrictions (CCR) does not also create any easement, lien for liquidated damages, private charges or assessments, options to purchase, right of first refusal, or require prior approval of a purchaser or occupant. Private Rights coverage is now available in the new ALTA Endorsement (if appropriate). ALTA Covenants, Conditions and Restrictions Unimproved Land Owner s ( ) (revised): This form was extensively revised to delete coverage for Private Rights and encroachments. It only contains the coverage against violation of CCR s unless such violation is shown as an exception in Schedule B, and the coverage for a failure to show a recorded notice of the violation of a covenant relating to environmental protection. Private Rights coverage is no longer available for an owner s policy.

2 ALTA Covenants, Conditions and Restrictions Improved Land Owner s ( ) (revised): This form was extensively revised to delete coverage for Private Rights, mineral rights and encroachments over boundaries and easements. It only contains the coverage against violation of CCR s and violations of certain recorded building setbacks unless such violation is shown as an exception in Schedule B, and the coverage for a failure to show a recorded notice of the violation of a covenant relating to environmental protection. Private Rights coverage is no longer available for an owner s policy. ALTA Covenants, Conditions and Restrictions Loan ( ) (revised): This form was extensively revised to delete coverage for Private Rights, mineral rights and encroachments over boundaries and easements. Private Rights coverage is available in the ALTA endorsement. ALTA ***WITHDRAWN*** -Restrictions, Encroachments, Minerals Owner s Policy Unimproved Land ( ): This endorsement has been withdrawn by the ALTA board and is no longer available. ALTA ***WITHDRAWN*** -Restrictions, Encroachments, Minerals Owner s Policy Improved Land ( ): This endorsement has been withdrawn by the ALTA board and is no longer available. ALTA Private Rights ( ) (new Loan Policy): This new form gives a portion of the coverage previously contained in the 9 06 series relating to the existence of specific types of Private Rights unless described in a Schedule B exception: Private charge or assessment Option to purchase Right of first refusal Right of prior approval of a future purchaser or occupant But no longer including easements ALTA Restrictions, Encroachments, Minerals Land Under Development ( ) (new Loan Policy): This new Loan Policy form is similar to the revised ALTA 9 06 ( ) form but also provides coverage for Future Improvements if built according to specific site and elevation plans.

3 ALTA Covenants, Conditions and Restrictions Land Under Development ( ) (new Owners' Policy): This new Owner s Policy form is similar to the revised ALTA ( ) form but also provides coverage for Future Improvements if built according to specific site and elevation plans. ALTA Leasehold ( ) (revised Owners Policy): This revision consists of: Revision of the definition of Personal Property to make it consistent with the use of the term in other endorsements such as the ALTA Energy Project Leasehold/Easement Owners forms and the ALTA Energy Project Leasehold Owners form. Revision of the definition of Tenant Leasehold Improvements to relate only to the extent the Insured has rights in such Improvements. Revision of the Valuation of Estate or Interest Insured to clarify that it covers the entire Title or any portion of it from which the Insured suffers eviction. In addition, it clarifies that the loss must come from a defect insured against by the policy. Additional items of loss is clarified to make coverage applicable to the portion of Land from which the Insured is Evicted, if it is not the entire Land, and references the Condition in the policy that determines the measure of loss (Section 8(a)(ii)). Adds the cost of restoring the property to the extent it is damaged because of Eviction Adds a limitation that the coverage does not include loss resulting from environmental damage or contamination, to conform to policy provisions. ALTA Leasehold ( ) (revised Loan Policy): This Revision consists of: Revision of the definition of Personal Property to make it consistent with the use of the term in other endorsements such as the ALTA Energy Project Leasehold / Easement Owners form and the ALTA Energy Project Leasehold Owner s form. Revision of the definition of Tenant Leasehold Improvements to relate only to the extent the Insured has rights in such improvements Revision of the Valuation of Estate or Interest insured to clarify that it covers the entire Title or any portion of it from which that Insured suffers eviction. In addition, it clarifies that the loss must come from a defect insured against the policy.

4 Additional items of loss is clarified to make coverage applicable to the portion of Land from which the Insured is Evicted, if it is not the entire Land, and references the Condition in the policy that determines the measure of loss (Section 8 (a)(ii)). Adds the cost of restoring the property to the extent it is damaged because of Eviction Adds a limitation that the coverage does not include loss resulting from environmental damage or contamination, to conform to policy provisions. ALTA First Loss Multiple Parcel Transactions ( ) (revised Loan Policy): This revision was for scriveners errors or technical corrections to adhere to the ALTA 2006 Policies. No substantive language was changed within the endorsement. Since this is a technical correction only the ALTA Board decided not to change their adoption date. ALTA Encroachments Boundaries and Easements ( ) (new Owners or Loan Policy): This form gives encroachment coverage that was previously included in the former ALTA 9 series (2006), but is no longer contained within those endorsements, other than the revised ALTA 9 06 ( ) and the new ALTA ( ). The coverage relates to: The loss occasioned by the existence of an encroachment by an Improvement onto a neighboring property or onto an easement area within the insured Land, other than as disclosed in Schedule B exceptions. The loss occasioned by the existence of an encroachment by a neighboring improvement onto the insured Land, other than as disclosed in Schedule B exceptions. Enforced removal of an insured Improvement based upon the encroachment into the easement area or onto neighboring property. This form also allows the exclusion of a listed encroachment from the enforced removal coverage. ALTA and Interest Rate Swap Endorsements ( ) (new Loan Policy): Designed for situations in which the Swap provider is different from the Insured lender in Schedule A. These variations on the ALTA and ALTA forms contain blanks to increase coverage above the Amount of Insurance stated in Schedule A 4.

5 ALTA Identified Risk Endorsement ( ) (new Owner's or Loan Policy): This generic affirmative coverage form is designed to replace those statements of affirmative coverage often placed in Schedule B following an exception. It gives the Insured a bonus of insurable title coverage in a circumstance that we cannot give marketable title coverage. In addition, it is inappropriate to include insuring provisions in This is a step in the right direction for title insurers to get the insurance into endorsements instead of ALTA Minerals and other Subsurface Substances Buildings ( ) (new Owner s or Loan Policy): This form gives coverage that was previously included in the form ALTA 9 series, but is no longer contained within those endorsements other than the revised ALTA 9 06 and the new ALTA The coverage is limited to enforced removal or alteration of a building, but not other improvements, plantings or crops, resulting from the future exercise of a right to use the surface of the land to extract or develop minerals or other subsurface substances. It excludes contamination, explosion, fire, vibration, fracturing, earthquake, subsidence or negligence by the extracting party. ALTA Minerals and other Subsurface Substances Improvements ( ) (new Owner s or Loan Policy): This form is a variation of the ALTA to expand the definition of the covered improvements to address buildings, structures and other man-made improvements such as paved parking and sidewalks, but still excluding plantings or crops. ALTA Minerals and other Subsurface Substances Described Improvements (new Owner s or Loan Policy) ( ): This form is a variation of the ALTA to (1) limit the definition of the covered improvements to certain itemized improvements, and (2) limit the coverage to a particular mineral reservation by excluding coverage for certain other itemized mineral reservations. ALTA Minerals and other Subsurface Substances Land Under Development (new Owner s or Loan Policy) ( ): This form is a variation of the ALTA to expand the definition of the covered improvements to address Future Improvements if built according to specific site and elevation plans, as well as existing buildings, structures and other man-made improvements, but still excluding plantings or crops. ALTA Energy Project Leasehold/Easement Owners ( ) (new Owner s Policy): This form is for use with an energy project (solar or wind, for example) that uses a leasehold and easement rights structure. It is similar to the ALTA (Leasehold Owners) coverage and in addition: Adds coverage for insured easement interests that are a common component of energy projects.

6 Expands the Valuation of title to clarify that loss on a single parcel shall include resulting loss to the integrated project as a whole. Adds coverage for Severable Improvements which is separately available with the previously filed ALTA Endorsement form, Severable Improvements. Modifies the Additional Items of Loss section to include items appropriate to the energy project transaction. Adds a limitation that the coverage does not include loss resulting from environmental damage or contamination, to confirm to policy provisions. ALTA Energy Project Leasehold/Easement Loan ( ) (new Loan Policy): This form is a variation of the ALTA designed for a loan policy with an energy project that uses a leasehold and easement rights structure. ALTA Energy Project Leasehold Owners ( ) (new Owner s Policy): This form is a variation of the ALTA designed for an energy project that uses only a leasehold structure. ALTA Energy Project Leasehold Loan ( ) (new Loan Policy): This form is a variation of the ALTA designed for a loan policy with an energy project that uses only a leasehold structure. ALTA Energy Project Covenants, Conditions and Restrictions Land under Development Owners ( ) (new Owner's Policy): This form is for use with policies insuring new construction of energy projects. It is similar to the ALTA , Covenants, Conditions and Restrictions Land Under Development Owners (4 2 12) coverage and includes the following coverage: Adds coverage for violation of an enforceable Covenant unless shown in Adds coverage for enforced removal as a result of a building setback encroachment not shown as an exception on Adds coverage for loss occasioned by a recorded notice of a violation of a covenant relating to environmental protection if not shown as an exception on Includes a limitation that the coverage does not include loss resulting from covenants contained in an easement or lease, any obligation to perform maintenance or any covenant pertaining to environmental damage or contamination.

7 ALTA Energy Project Covenants, Conditions and Restrictions Land under Development Loan (4 2 12) (new Loan Policy): This form is for use with policies insuring energy projects. It is similar to the ALTA , Covenants, Conditions and Restrictions Land Under Development Loan (4 2 12) and includes the following coverage: Includes coverage for violations of covenants that divest, subordinate or extinguish the Insured Mortgage. Adds coverage for violation of an enforceable Covenant unless disclosed in Adds coverage for enforced removal as a result of a building setback encroachment not shown as an exception on Adds coverage for loss occasioned by a recorded notice of a violation of a covenant relating to environmental protection if not shown as an exception on Includes a limitation that the coverage does not include loss resulting from covenants contained in an easement or lease, any obligation to perform maintenance or any covenant pertaining to environmental damage or contamination. ALTA Energy Project Encroachments (4 2 12) (new Owner's or Loan Policy): This form is for use with policies insuring energy projects. It is similar to coverages contained in the ALTA , Encroachments Boundaries and Easements (4 2 12). It includes the following coverage: Coverage for the loss occasioned by the existence of an encroachment by improvements onto a neighboring property or onto an easement area within the insured Land, other than as disclosed in Schedule B exceptions. The loss occasioned by the existence of an encroachment by a neighboring improvement onto the 6 insured Land, other than as disclosed in Schedule B exceptions. Enforced removal of or damage to insured Improvements based upon the encroachment into the easement area or onto neighboring property. This form also allows the exclusion of a listed encroachment from the enforced removal and damage coverage. Bruce E. Cweiber, Esquire is President of Precision Title Agency, Inc. He assists clients in complex commercial transactions throughout Ohio. He can be reached via at bec@precisiontitle.com or via telephone at (216)