Guideline: ALTA Endorsement 28.1 (Encroachments - Boundaries and Easements)

Explanation:

This endorsement provides coverage against loss or damage sustained by the Insured by reason of an encroachment of any Improvement on the Land (1) onto adjoining land, or (2) onto that portion of the Land subject to an easement.  It also provides insurance by reason of enforced removal of such encroachments. 

In addition, the endorsement provides coverage against loss by reason of any Improvement located on adjoining land encroaching onto the Land.

Section 4 of the endorsement allows the Company to designate encroachments listed as Exceptions on Schedule B for which it will not provide insurance under this endorsement. 

This endorsement may be issued on either commercial or residential land.

ALTA 28.1-06 is designed to be issued with a 2006 ALTA Loan or Owner's Policy.  ALTA 28.1 (07-01-21) contains modifications to align the endorsement to the terms of the 2021 ALTA Loan and Owner’s Policies and is designed to be issued with the 2021 policies.  Where available, use the version of the endorsement designed for the applicable policy, unless approved by a Stewart Title Guaranty Company underwriter.  It is not necessary to indicate “-06” or the parenthetical (date) on the endorsement attached to the policy.

Underwriting Requirements:

1. Unless underwriting guidelines by the Company provide otherwise, require a survey reflecting the current Improvements.  Except in Schedule B to all encroachments over property lines or easements.

2. If Improvements encroach over more than one half of the width of an easement, list the Exception number(s) for such encroachments in Section 4 of the Endorsement, unless you secure underwriter approval.

3. If Improvements encroach over adjoining land or onto a road, list the Exception number(s) for such encroachments in Section 4 of the Endorsement, unless you secure underwriter approval.

4. If Improvements located on adjoining land encroach onto the Land, list the Exception number(s) for such encroachments in Section 4 of the Endorsement, unless you secure underwriter approval.

5. The ALTA Energy Project Endorsement (ALTA Endorsement 36.6-06) contains similar provisions, so the ALTA 28.1-06 endorsement is not necessary when offering the Energy Project Endorsement and should not be issued without Senior Underwriter approval.

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.