Page 23 - Home Buyers and Sellers Guide - Hawaii

33 COVERED RISKS FOR THE HOMEOWNER’S POLICY B. You are not covered for any violation of an obligation contained in a
Covenant:
a. to perform maintenance or repair on the Land; or
1. Someone else owns an interest in Your Title.
2. Someone else has a right affecting Your Title because of a lease, b. relating to environmental protection of any kind, including hazardous
or toxic conditions or substances;
contract, or option.
3. Someone else claims to have a right affecting Your Title because of unless there is a notice of either of these violations recorded in the Public
Records at the Date of Policy, and then, Our liability for Covered Risk 12 is
forgery or impersonation. limited to the extent of the violation described in that notice.
4. Someone else has an Easement on the Land. 13. Your Title is lost or taken because of a violation, existing at the Date of
5. Any of Covered Risks 1 through 4 occurring after the Date of Policy. Policy, of any Covenant, even if the Covenant is excepted in Schedule B.
6. Someone else has a right to enforce a Covenant to limit Your use of the 14. A violation or enforcement of any law, ordinance, permit, or governmental
Land. regulation (including those relating to building and zoning), but only to
7. Your Title is defective. Some examples of title defects are: the extent of the violation or enforcement described by the enforcing
a. someone else’s failure to have authorized a transfer or conveyance governmental authority in an Enforcement Notice that identifies a
restriction, regulation, or prohibition relating to:
of Your Title.
b. a defective judicial or administrative proceeding. a. the occupancy, use, or enjoyment of the Land;
b. the character, dimensions, or location of an improvement on the Land;
c. a document, including an electronic document, on which Your Title
is based: c. the subdivision of the Land; or
i. was signed using a falsified, expired, or otherwise invalid d. environmental remediation or protection on the Land.
power of attorney; 15. An enforcement of a governmental forfeiture, police, regulatory, or national
ii. was not properly authorized, executed, created, signed, security power, but only to the extent of the enforcement described by the
witnessed, sealed, acknowledged, notarized (including by enforcing governmental authority in an Enforcement Notice.
remote online notarization), or delivered; or 16. Because of a violation existing at the Date of Policy of a State or Municipal

iii. was not properly filed, recorded, or indexed in the Public subdivision law or State or Municipal subdivision regulation affecting the
Records. Land:

d. the repudiation of an electronic signature by a person that executed a. You are unable to obtain a building permit from a Municipal authority;
a document because the electronic signature on the document was b. You are ordered by a State or Municipal authority to remove or remedy
not valid under applicable electronic transactions law. the violation; or
8. Someone else has a lien on Your Title. Some examples of liens are: c. someone else refuses to perform a contract to purchase the Land,
a. a lien of real estate taxes or assessments imposed on Your Title by lease the Land, or make a mortgage loan on the Land, based on that
a governmental authority due or payable, but unpaid; violation.
b. a Mortgage; The Amount of Insurance for Covered Risk 16 is subject to Your Deductible
Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
c. a judgment lien; 17. You lose Your Title to any portion of the Land to an enforcement authority

d. a State or federal tax lien; because of an exercise of the power to take the Land by condemnation,
e. a charge by a homeowner’s or condominium association; or but only to the extent:
f. a statutory lien, attaching before or after the Date of Policy, for a. of the taking described in an Enforcement Notice; or
service, labor, material, or equipment in connection with an b. the taking occurred before the Date of Policy and is binding on You, if
improvement or work related to the Land and furnished before the You purchased the Land without Knowledge of the taking.
Date of Policy.
9. Someone else has an encumbrance on Your Title. 18. You are ordered by a State or Municipal authority to remove or remedy any
portion of Your existing structures—other than boundary walls or fences—
10. Someone else claims to have a right affecting Your Title because of because any portion of Your existing structures was built without obtaining
fraud, duress, incompetency, or incapacity. a building permit from the proper Municipal authority. The Amount of
11. You do not have actual vehicular and pedestrian access to and from Insurance for Covered Risk 18 is subject to Your Deductible Amount and
the Land, based on a legal right. Our Maximum Dollar Limit of Liability shown in Schedule A. .
12. You are forced to remove or remedy a violation, existing at the Date of 19. You are ordered by a State or Municipal authority to remove or remedy
Policy, of any Covenant, even if the Covenant is excepted in Schedule any portion of Your existing structures, because they violate an existing
State or Municipal zoning law or State or Municipal zoning regulation.
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