[WSBARP] Title Insurance - "TGW easement" versus special exception
Marc Holmes
marc at holmeslawgroup.com
Thu Nov 9 13:23:59 PST 2017
My understanding is that being on the exhibit A is affirmative coverage of
an enforceable easement. The special exception for it may be to eliminate
title company liability to the extent the subject property is also burdened
by the easement, e.g., multiple properties sharing a common private road
over and across their respective properties for access to the public right
of way.
If there is no such reciprocal burden then I would ask them to eliminate the
exception or explain to me why it should be excepted.
Marc Holmes
Holmes Law Group PLLC
2303 W. Commodore Way, # 306
Seattle WA 98199
HolmesLawGroup.com <http://holmeslawgroup.com/>
marc at holmeslawgroup.com
Ofc: 206-357-4224
Cell: 206-849-0853
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, November 9, 2017 1:09 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Title Insurance - "TGW easement" versus special exception
Title policy Exhibit A legal description is the land, plus a second parcel
that is the access easement "as set for in doc recording #XXXXXXX."
That same document is listed as a special exception.
So does this actually insure access via easement, or does the special
exception essentially delete the easement from the insured land?
The question is about insurance on the access provided via the easement, not
necessarily about any other covenant in the document. Absent the easement,
the property would be landlocked.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20171109/2397a8cc/attachment.html>
More information about the WSBARP
mailing list