Page 21 - 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

COVENANTS, RESTRICTIONS, ENCROACHMENTS, AND MINERAL COVERAGE SERIES
ALTA 9 SERIES - FOR OWNER’S POLICIES
ALTA ENDORSEMENTS 9.1-06, 9.2-06, 9.8-06, 9.9-06

I. Purpose:

The ALTA 9 series endorsements insure over certain matters specified on the face
of the endorsements, unless matters are “expressly excepted in Schedule B.”

It is expected that more than one of the ALTA 9 series endorsements will be
requested in connection with a single policy issuance. Each endorsement version
covers specific but different areas of concern to an Insured. As a result, it will not
be unusual to issue more than one ALTA 9 series endorsement in a given
transaction.

II. Coverage Provided:

a. ALTA 9.1-06 (Covenants, Conditions and Restrictions – Unimproved Land –
Owner’s Policy): Provides certain coverages to a buyer relating to written
covenants, conditions, limitations, or restrictions that occurred prior to the
policy date and are not excepted in Schedule B, whether or not they are
recorded in the public records. It also provides coverage relating to recorded
notices of environmental protection violations that are not excepted in
Schedule B, but only to the extent of the violation referred to in the recorded
notice.

b. ALTA 9.2-06 (Covenants, Conditions and Restrictions – Improved Land –Owner’s
Policy): The 9.2-06 is the Owner’s Policy equivalent of the ALTA 9-06. It provides
coverage for violations of any enforceable covenants, removal of improvements
because of encroachments onto setback lines disclosed on a recorded plat and
notice of a violation of environmental protection liens, if notice of the violation
is recorded in the public records. As in the ALTA 9, all coverages are effective
only if no specific exception for those items appears in Schedule B of the policy.

c. ALTA 9.8-06 (Covenants, Conditions and Restrictions – Land Under Development
– Owner’s Policy): Provides similar coverage to that in the ALTA 9.2-06 but also
provides coverage for Future Improvements (as defined in the endorsement)
based upon specific provided Plans (as defined in the endorsement).

d. ALTA 9.9-06 (Private Rights – Owner’s Policy): Provides the buyer with certain
coverages against loss or damage resulting from options to purchase, Rights of
First Refusal (“ROFR”), or rights of prior approval of a purchaser or occupant, as
contained in “Covenants” as defined in the endorsement.

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