Page 175 - ALTA Endorsements Guide

ALTA ENDORSEMENT RETURN TO TABLE OF CONTENTS

Endorsement 28.1
Encroachments—Boundaries and Easements
[2021 v. 01.00 (07-01-2021)]

ALTA 28.1 ENCROACHMENTS — BOUNDARIES AND EASEMENTS ENDORSEMENT
This endorsement is issued as part of
Policy Number __________
issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the
Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.

2. For purposes of this endorsement only, “Improvement” means an existing building, located on either the Land or adjoining land at the Date of Policy
and that by law constitutes real property.

3. The Company insures against loss or damage sustained by the Insured by reason of:
a. An encroachment of any Improvement located on the Land onto adjoining land or onto that portion of the Land subject to an easement, unless
an exception in Schedule B of the policy identifies the encroachment;
b. An encroachment of any Improvement located on adjoining land onto the Land at the Date of Policy, unless an exception in Schedule B of the
SAMPLE
policy identifies the encroachment;
c. Enforced removal of any Improvement located on the Land as a result of an encroachment by the Improvement onto any portion of the Land
subject to any easement, in the event that the owners of the easement shall, for the purpose of exercising the right of use or maintenance of the
easement, compel removal or relocation of the encroaching Improvement; or
d. Enforced removal of any Improvement located on the Land that encroaches onto adjoining land.

4. Sections 3.c. and 3.d. of this endorsement do not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses
resulting from the following Exceptions, if any, listed in Schedule B: __________
(The Company may list any Exceptions appearing in Schedule B for which it will not provide insurance pursuant to Section 3.c. or Section 3.d. The
Company may insert “None” if it does not intend to limit the coverage.)

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of
the terms and provisions of the policy and of any prior endorsements.

[Witness clause]

[Date]

OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

By: ______________________________
[Authorized Signatory]

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