Any revision to this form requires approval of a Stewart Title Guaranty Company underwriter. The underwriting guidelines contained herein have been provided for general reference. The facts, circumstances, and location of the subject property should be considered when determining the issuance of the requested form or endorsement. Please note that all of the forms and endorsements included in this system may not be available in all states. Accordingly, please contact the appropriate Stewart Title Guaranty Company underwriting personnel in order to determine availability.
Compliance with the underwriting guidelines contained herein in no way obligates Stewart Title Guaranty Company to issue any form or endorsement.
T-19.4 Guideline - Energy Project - Minerals and Surface Damage
Organizational Guidelines
T-19.4 Guideline - Energy Project - Minerals and Surface Damage
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Explanation:
Procedural Rule P-50.2 provides the standards for issuing this endorsement.
a. The policy can be issued to an Owner’s Policy or a Loan Policy.
b. The policy must have an exclusion or exception for minerals. Such an exclusion or exception can be for a fractional interest; it does not have to be for 100% of the minerals.
c. The T-19.4 Energy Project - Minerals and Surface Damage Endorsement must be issued simultaneously with one of the T-55 Series Energy Project Endorsements.
d. STG underwriting requirements must be met.
e. Subparagraph C of the T-19.4 Endorsement must be completed. The language of the subparagraph C in the full context of the endorsement would be: This endorsement does not insure against loss resulting from the exercise of the rights described in ____. You must describe the document creating the exclusion in Schedule A or the Mineral Exception shown in Schedule B or insert none.
f. Any matter covered by the T-19.4 endorsement can be insured only by this endorsement; however, the other T-19 series endorsements may also be issued with a T-19.4 endorsement.
g. The T-19.4 endorsement insures against loss including damage to, enforced removal or alteration of any Severable Improvements on the Land ON OR AFTER the Date of policy that results from a future exercise of any mineral right for extraction or development of coal, lignite, oil, gas or other mineral or any other subsurface substances.
Underwriting Requirements:
STG Underwriting Guidelines
1. Complete the required mineral search as outlined in our Bulletin TX2009005 and show all mineral reservations and leases found or take the general mineral exceptions.
2. Obtain and review the plans for the project. Severable Improvements can include solar panels, wind turbines, related collection items, and the other matters covered by the definition of electrical facility in the P-55 series of endorsements. The plans must show some of these items.
3. The T-19.4 endorsement is a promulgated form; thus, no changes to the form are allowed. See item e above for the only exception to this rule.
4. The T-19.4 can only be issued with another Energy Project Endorsement (the T-55 series) which requires Senior Underwriter Approval.
- This guideline applies to the following form(s):