Easement Journey. Title Jenga: Easement Ahoy! Insurance & Easements. ABC s 9/19/2017. Types. Cases. Steps. Steps

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1 Title Jenga: Easement Ahoy! Insurance & Easements Presented by Mary Slade, Indiana State Counsel First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, and First American Title are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates. The following presentation is for informational purposes only and is not and may not be construed as legal advice. First American Title Insurance Company is not a law firm and does not offer legal services of any kind. No third party entity may rely upon anything contained herein when making legal and/or other determinations regarding title practices. You should consult with an attorney prior to embarking upon any specific course of action. Easement Journey Types Cases Steps Schedules Endorsements Steps ABC s Commitment Policy 1

2 Easement Types Access Air Conservation Drainage Flood Burdened Land Light Nat l Scenic/River System Nature Preserves Railroads Storage (Reservoirs) Utility Benefited Land Easement ABC s: Lingo Appurtenant Blanket Joint Limited Necessity Negative Prescriptive Public v. Private 2

3 Public Road? Easement? Railroad but access road where? 3

4 Easement Building Blocks: Schedule A 3. Title to the estate or interest in the land described or referred to in this Commitment is Fee Simple and is at the Effective Date vested in: 3. The Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by: 3. The estate or interest in the land described or referred to in this Commitment is and covered herein is: Fee Simple. Easement : Insured Description Parcel II (EASEMENT PARCEL) An Easement for Electric Distribution Line as described in an Electric Distribution Easement Agreement recorded 1/2/2017 as Instrument No. 1 in the Office of the Recorder of Volt County, Indiana. Parcel II (EASEMENT PARCEL) An Easement for Electric Distribution Line more particularly described as follows: Part of the Northwest Quarter of Section Five (5), Township Five (5) South, Range (10) West, in Electric Township, Volt County, Indiana, described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 5; thence North 88 degrees 4

5 Existing Easement : Exceptions Schedule B Terms and provisions of Electric Distribution Easement Agreement recorded 1/2/2017 as Instrument No. 1 in the Office of the Recorder of Volt County, Indiana. New Easement : Requirements Schedule B-I The policy will not be issued until a Joint Driveway Agreement is executed by the owner(s) of the land and the owner(s) adjoining to the of our land. Prior to the issuance of any policy of title insurance, the Company will require the recording of an Electric Line Distribution Easement. 5

6 Easement : Exceptions Schedule B No insurance will be/is provided that the physical location of the easement improvements is located in the easement area described in the Electric Distribution Easement Agreement recorded 1/2/2017 as Instrument No. 1 in the Office of the Recorder of Volt County, Indiana Permanent extinguishment of all rights and easements of ingress and egress to, from and across the limited access facility known as Interstate 74. Easement : Exceptions Schedule B Perpetual air or flight easement, sometimes referred to as avigation rights, in and through the air above the land described herein, together with the right to cause in said air space such noise as may be inherent in the operation and navigation of aircraft. Rights of the public, the State of Indiana and the municipality in and to that part of the land, if any, taken or used for road purposes, including utility right of way. 6

7 Coverage: Endorsements Encroachments Survey and Contiguity Access Tax Parcel Questions? Mary Slade