Underwriting Manual: TX
1.08
Abutting Owners' Rights Of Access
Underwriting Manuals
Standard Exceptions
Bulletins
- TX000007 - New Title Insurance Policies (effective October 1, 1991)
- TX000067 - 2003 Legislation
- TX2008001 - 2006 Rate hearing results Commissioner's Order 08-0187
Forms
- No references available.
State Supplements
View state supplements to the national underwriting manual.
1.08.1
In General
The phrase "abutting owners" is used to designate those owners of real estate whose lands touch a highway or any other public area, whereas the phrase "adjoining owners" is usually used to designate two neighboring properties bordering on each other.
If access is provided to some public street or road we can insure the general right of access. If the right of access to an abutting public street or road has been surrendered by deed or other instrument, or has been taken by condemnation, then an exception to a lack of access should be made.
1.08.2
Possibility Of Easements Or Restrictions
When the abutting owners' rights of access are conveyed
or condemned, it is extremely important to ascertain whether the deed or
condemnation decree additionally establishes any kind of easement or restriction
over the rest of the property.
If that is
the case, the easement or restriction must be shown as a separate exception in
the title commitment and in the title.
1.08.3
Insuring Access With Access Endorsement
Specific access from a designated street can be insured using the T-23 Access Endorsement.
The premium for this endorsement is $100 for each policy (not street) under R-30. The T-23 Access Endorsement pursuant to P-54 can be issued to as Owners Policy T-1 and Loan Policy T-2, on non-residential property. Exceptions to coverage and deletions of insuring provisions are allowed by the rule. Any matter dealing with access can only be insured using this Endorsement (T-23).