Easements are a common component in title insurance underwriting. Perhaps the most common problem that a title insurer may encounter when dealing with easements is insufficient legal descriptions. In this article, we are going to underline the importance of full and accurate legal descriptions in easements.
The Importance of Full & Accurate Easement Descriptions
In the realm of title insurance, it’s essential that the full and accurate legal descriptions of all involved parcels are included in the easement documentation. If the legal descriptions are invalid, the county recorder or registrar of titles may reject the document for recording.
An Example of a Bad Description
A good legal description of an easement should be easily identifiable by a surveyor. An example of a bad easement description is describing the easement “as it currently exists.” This description is insufficient because it makes it very difficult (if not outright impossible) to locate an easement that was created years ago with such a description.
Don’t Forget to Record the Easement
It’s also important to record the easement itself. If an easement isn’t in the public records, then the public won’t be aware of its existence. In addition to that, a title company will not be able to insure an unrecorded easement.
Contact Commercial Partners Title
Commercial Partners Title Company has been providing commercial title insurance services to clients throughout the United States for decades. Our team consists of skilled and experienced underwriters, escrow agents, attorneys, and more. We can help you through all the details of your transaction. Contact us today at our office located in downtown Minneapolis to learn more about our services and how we can help you through your next transaction!