Underwriting Title Insurance Involving Undefined or Blanket Easements img

Underwriting Title Insurance Involving Undefined or Blanket Easements

calender icon 8/24/2023    poster icon  Mark Goodman

From a title insurance perspective, if we encounter an easement that is undefined or a blanket easement, depending on the particular circumstances, we may either have an exception for that matter on the title policy or we may require that that easement be defined, confined to a particular area, or released.

We see blanket easements most often with energy companies that create easements for utility lines such as a pipeline or an electric transmission line that runs across a property. Especially older drafts of energy related easements will use the entire legal description of a property for the description of the easement area, which creates the blanket easement. In that event, it could be argued that the energy company has the right to use that whole parcel for its utility purposes even though that outcome may not have been intended at the time the easement was drafted.

With that in mind, it’s important to obtain a good description of the actual easement area at the time an easement is drafted to avoid the blanket easement problem.

Commercial Partners Title Company

If you’re dealing with issues related to undefined or blanked easements, contact Commercial Partners Title today for help. Our team of experts have been providing title insurance services to clients throughout the state of Minnesota (and around the United States) for decades. We have the knowledge and experience to ensure your commercial transaction is successful. Contact us today to learn more about the extent of our services and see how we can help with your next commercial real estate transaction. You can find us at our primary office located in downtown Minneapolis.