Security Title Endorsement Guide

EASEMENT - DAMAGE OR ENFORCED REMOVAL ENCROACHMENTS - BOUNDARIES AND EASEMENTS

ALTA 28-06 (02-03-10) ALTA 28.1-06 (04-02-12) ALTA 28.2-06 (04-02-13)

ALTA Endorsement Form 28-06 (EASEMENT - DAMAGE OR ENFORCED REMOVAL)

Endorsement Form 28.06 was developed to insure against loss caused by the encroachment of a

building located on the Land onto or over an easement shown as an exception in Schedule B, as

disclosed by a survey or inspection of the Land. The loss must be based on an exercise of the

easement and is only for damage to an existing building or enforced removal or alteration.

ALTA 28.1-06 (ENCROACHMENTS - BOUNDARIES AND EASEMENTS) ALTA 28.2-06 (ENCROACHMENTS – BOUNDARIES AND EASEMENTS – DESCRIBED IMPROVEMENTS)

Endorsement Forms 28.1-06 and 28.2-06 were developed to provide coverage with respect to

certain boundary and easement encroachments. This coverage was previously included in the

former ALTA 9 series. It is no longer contained within those endorsements other than the revised

ALTA 9-06 and the new ALTA 9.7-06 and 9.10-06 (which additionally afford coverage as to

violations of covenants, violations of setbacks, and damage to existing improvements because of

development of minerals). The Form 28.2-06 specifically covers only the Improvements described

at item 2 of the endorsement.

The coverage in these Endorsements include:

• The loss occasioned by the existence of an encroachment by an Improvement onto a neighboring property or onto an easement area within the insured Land, other than as disclosed in Schedule B exceptions. • The loss occasioned by the existence of an encroachment by a neighboring Improvement onto the insured Land, other than as disclosed in Schedule B exceptions. • Enforced removal of an insured Improvement based upon the encroachment into the easement area or onto neighboring property.

These forms allow the exclusion of an encroachment raised as an exception in Schedule B from

the enforced removal coverage by reference to the exception that describes it, if the title insurer

elects not to include that encroachment within the coverage afforded by these endorsements.

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