Guideline: Endorsement 41.1-06 (Water - Improvements)


Provides the owner or lender with coverage against loss or damage to the existing building, surface structure, paved road, walkway, parking area, driveway or curb resulting from the use of the surface of the land for the extraction or development of water excepted from the legal description or excepted in Schedule B of the policy.

Underwriting Requirements:

In order to provide the coverage comply with one of the following requirements:

(1)   verify that there are no reservations of water rights, wells, ditches, canals or other documents that suggest the extraction or development of water on the land; or

(2)   secure underwriter approval. Relevant factors include area of land impacted by rights of others to use the land to extract or develop water and whether improvements on the land could be affected.

Indicate in Paragraph 4. c. any mineral interest you intend to exclude from coverage. If there is none, then indicate “None” in the blank.

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.

This guideline applies to the following form(s):

ALTA Endorsement 41.1-06 (Water- Improvements) (12-02-13)