Page 110 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

ALTA Table of Contents Quick Reference Index

ENDORSEMENT 1 2 3 1 2 3 4 5 6

ENCROACHMENTS - BOUNDARIES AND EASEMENTS ENDORSEMENT SERIES
ALTA ENDORSEMENTS 28-06, 28.1, 28.2-06, 28.3-06

I. Purpose:

The ALTA 28 series of endorsements provides various coverages as a result of
buildings or improvements located on the insured land that encroach onto adjoining
land or easements, and buildings or improvements located on adjacent land that
encroach onto the insured land.

The ALTA 28 series of endorsements may be issued with owner’s and loan policies.

II. Coverage Provided:

a. ALTA 28-06 (Easement – Damage or Enforced Removal): Indemnifies against loss
or damage (i) to any existing building located on the insured land or (ii) the
forced removal or alteration of an existing building located on the insured land
arising as a result of the exercise of rights granted in a specifically described
easement excepted in Schedule B.

b. ALTA 28.1 (Encroachments – Boundaries and Easements): Provides coverage as to
loss or damage arising because of an encroachment of an “Improvement” (as
that word is defined in Section 2 of the endorsement) onto adjoining land or
from adjoining land onto the insured land as well as encroachments of the
“Improvements” onto an easement, unless an exception in Schedule B
specifically identifies the Additionally, coverage is provided for
the forced removal of any Improvements located on the insured land due to an
encroachment onto an easement if the owner of the easement compels removal
of the Improvement in order to exercise the right to use or maintain the
easement.

c. ALTA 28.2-06 (Encroachments – Boundaries and Easements – Described
Improvements): Provides coverage as to any loss or damage because of
encroachments of Improvements located on the insured land onto adjoining land
or from adjoining land onto the insured land, unless a Schedule B exception
identifies the encroachment. Further coverage is afforded as to any forced
removal of an Improvement located on the insured land that encroaches upon
any easement affecting any portion of the insured land or the forced removal of
an Improvement located on the insured land that encroaches onto adjoining
land. The term “Improvement”, as used in this endorsement, refers to those
improvements specifically itemized in Section 2 of the endorsement.

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