Page 92 - ALTA Endorsements Guide

A L T A E N D O R S E M E N T

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ALTA ENDORSEMENT 28.3-06

ENCROACHMENTS – BOUNDARIES ANDEASEMENTS – DESCRIBED IMPROVEMENTS AND LAND
UNDER DEVELOPMENT

Adopted (4-2-15)

1. The insurance provided by this endorsement is subject to the exceptions 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:
(a) “Improvement” means a building, structure, or paved area, including any road, walkway,
parking area, driveway, or curb located on the surface of the Land or the surface of
adjoining land at Date of Policy that by law constitutes real property.
(b) “Future Improvement” means any of the following to be constructed on the Land after Date
of Policy in the locations according to the Plans and that by law constitutes real property:
(i) a building;
(ii) a structure; or
(iii) a paved area, including any road, walkway, parking area, driveway, or curb.
(c) “Plans” mean the survey, site and elevation plans, or other depictions or drawings prepared
by (insert name of architect or engineer) dated (insert date prepared), last revised (insert
date last revised), designated as (insert name of project or project number) consisting of
(insert number of sheets) sheets.

3. The Company insures against loss or damage sustained by the Insured by reason of:
a. An encroachment of any Improvement or Future 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 Date of
Policy, unless an Exception in Schedule B of the policy identifies the encroachment;
c. Enforced removal of any Improvement or Future Improvement located on the Land as a
result of an encroachment by the Improvement or Future 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 Future Improvement; or
d. Enforced removal of any Improvement or Future 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.

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