Page 19 - ALTA Endorsements Guide
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ALTA ENDORSEMENT RETURN TO TABLE OF CONTENTS
Endorsement 3.4
Zoning - No Zoning Classification
[2021 v. 01.00 (07-01-2021)]
ALTA 3.4 ZONING — NO ZONING CLASSIFICATION ENDORSEMENT
This endorsement is issued as part of
Policy Number __________
issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
1. For purposes of this endorsement:
a. “Improvement”: A building or structure located on the Land at the Date of Policy.
b. “Zoning Ordinance”: A zoning ordinance or zoning regulation of a county or municipality of the State that is in effect and applicable to the Land
at the Date of Policy.
SAMPLE
2. The Company insures against loss or damage sustained by the Insured resulting from:
a. The following use not being allowed by the county or municipality of the State because the use violates the Zoning Ordinance:
[Drafting Instruction: Describe the existing use]
b. A final decree of a State or federal court having jurisdiction either prohibiting the use or requiring the removal or alteration of the Improvement
because, at the Date of Policy, the use violates the Zoning Ordinance with respect to any of the following matters:
i. The area, width, or depth of the Land as a building site for the Improvement;
ii. The floor space area of the Improvement;
iii. A setback of the Improvement from the property lines of the Land;
iv. The height of the Improvement; or
v. The number of parking spaces.
3. Section 2 does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from:
a. Any other regulation or restriction of use or activity on the Land:
i. Imposed by a covenant, condition, restriction, or limitation on the Title; or
ii. Imposed by a state or federal law, statute, code, enactment, ordinance, permit, regulation, rule, order, or court decision;
b. Any refusal to purchase, lease, or lend money on the Title; or
c. Any zoning ordinance or zoning regulation adopted after the Date of Policy.
This endorsement is issued as part of the policy. Except as this endorsement expressly states, it does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, (iv) insure against loss or damage exceeding the Amount of Insurance, or (v) increase
the Amount of Insurance. To the extent a provision of the policy or any prior 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 any prior endorsement.
[Witness clause]
[Date]
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
By: ______________________________
[Authorized Signatory]
Visit us online at: oldrepublictitle.com/ncs 19