Resources

CRE Title & Survey Glossary

Plain-English definitions of the 165 terms lenders, borrowers, and title professionals encounter when reviewing a commercial real estate title commitment and ALTA survey before closing. Definitions reference the 2026 ALTA/NSPS Minimum Standard Detail Requirements (effective February 23, 2026) and the 2021 ALTA Commitment and Policy forms.

Survey Fundamentals & Standards

ALTA/NSPS Land Title Survey

Survey & Title

A survey performed to the uniform minimum standards jointly promulgated by the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS). It is the survey a title insurer relies on to delete the general survey exception from a title policy. The current edition is the 2026 Minimum Standard Detail Requirements, effective February 23, 2026, which replaced the 2021 edition.

Also known as: ALTA Survey, Land Title Survey. Related: Table A Items, Certification Block, Survey Plat (Map), Minimum Standard Detail Requirements

Minimum Standard Detail Requirements

Survey

The governing document for ALTA/NSPS Land Title Surveys, organized into eight sections: Purpose; Request for Survey; Surveying Standards and Standard of Care; Records Research; Fieldwork; Plat or Map; Certification; and Deliverables. Updated periodically; surveys must comply with the edition in effect when contracted, and the certification must reference that edition.

Also known as: 2026 Standards, ALTA Minimum Standards. Related: ALTA/NSPS Land Title Survey, Standard of Care, Certification Block

Professional Surveyor (PSM/PLS)

Survey

A state-licensed professional surveyor (titled Professional Surveyor and Mapper, Professional Land Surveyor, or similar depending on jurisdiction) authorized to conduct boundary and title surveys, prepare survey plats, and certify survey accuracy. The surveyor's seal, signature, and license number on the survey are legally binding statements of professional responsibility.

Also known as: Licensed Surveyor, Registered Land Surveyor. Related: Certification Block, Surveyor's Seal, Standard of Care

Survey Plat (Map)

Survey

The graphical representation of the surveyed property produced by the surveyor, showing boundary lines with bearings and distances, improvements, easements, monuments, encroachments, and required notes. It must be drawn at a stated scale, signed and sealed by the licensed surveyor, and include the certification, north arrow, legend, and title block.

Also known as: Plat, Survey Map, Survey Drawing. Related: Title Block, North Arrow, Legend, Certification Block

Certification Block

Survey & Title

The area of the plat, typically in the lower-right corner, containing the surveyor's certification statement that the survey complies with the applicable ALTA/NSPS standards, the PSM seal, license number, signature, survey date, and the names of the parties to whom the survey is certified — typically the buyer, lender, and title company, plus successors and assigns. Only named parties may rely on the survey.

Also known as: Surveyor's Certification, Certification Statement. Related: Certified To, Surveyor's Seal, Professional Surveyor (PSM/PLS), Date of Survey / Fieldwork Date

Certified To

Survey & Title

The parties to whom the surveyor certifies the survey's accuracy — typically the buyer, the lender, and the title company named in the title commitment. A lender reviewing the survey will confirm it is certified to the correct entities; a survey certified to the wrong lender or missing the title company generally must be re-certified before closing.

Also known as: Certification Parties. Related: Certification Block, Successors and Assigns

Successors and Assigns

Survey & Title

Language in a survey certification or insurance document extending its benefit to parties who later step into the shoes of a named party — for example, a loan purchaser after the original lender sells the loan. Agency lenders typically require this language so the survey remains usable after loan securitization.

Related: Certified To, Certification Block

Surveyor's Seal

Survey

The official seal of the licensed surveyor, applied with signature and date to certify the survey. State law governs seal format and whether electronic seals are acceptable. A survey lacking a seal, signature, or date is not a completed certified survey and will not be accepted by title insurers or lenders.

Also known as: Professional Seal, Wet Seal, Electronic Seal. Related: Professional Surveyor (PSM/PLS), Certification Block

Table A Items

Survey

Optional survey responsibilities and specifications listed in Table A of the ALTA/NSPS standards, selected and negotiated by the client when the survey is ordered. The 2026 standards list items 1 through 20, with item 21 reserved for negotiated items. Common selections include monuments placed (1), address (2), flood zone classification (3), gross land area (4), vertical relief (5), zoning (6), exterior building dimensions (7), substantial features (8), parking (9), utilities (11), and the encroachment summary table (20). Each selected item must be addressed on the face of the survey.

Also known as: Optional Items, Table A. Related: Zoning (Table A Item 6), Flood Zone Determination, Parking Count, Encroachment Summary Table (Table A Item 20)

Date of Survey / Fieldwork Date

Survey & Title

The date the surveyor completed the fieldwork, shown in the certification. Distinct from revision dates. Lenders and title insurers impose currency requirements — a survey older than the lender's allowed window generally requires an update with a new fieldwork date and re-certification under the standards then in effect.

Also known as: Survey Currency, Fieldwork Date. Related: Revision Date, Certification Block

Revision Date

Survey

A date added to the plat each time the surveyor revises the survey after initial delivery — for example, to add a Table A item, correct a legal description, or re-certify to a new lender. The revision history shows the survey's evolution and which version the parties are relying on.

Also known as: Revision Block. Related: Date of Survey / Fieldwork Date

Boundary & Measurement

Boundary

Survey

The legal perimeter of the surveyed property, shown on the plat as a bold line with precise bearing and distance labels on each segment. The surveyed boundary is compared against the record legal description; discrepancies between record and measured lines must be shown.

Also known as: Property Line, Boundary Line. Related: Bearing, Distance, Legal Description, Closure, Monument

Bearing

Survey

The direction of a boundary line or measurement, expressed as a quadrant (N/S base rotating toward E/W) with degrees, minutes, and seconds — for example, S 74°32'00" E. All bearings on the plat are relative to the survey's basis of bearing.

Also known as: Course, Direction. Related: Basis of Bearing, Distance, Boundary

Basis of Bearing

Survey

The fixed reference line or monumented alignment from which all bearings on the survey are calculated. The plat must state the basis of bearings and, where it differs from the record basis in the deed or plat of record, the difference. Without a stated basis, bearings on the survey cannot be reproduced or compared to record documents.

Also known as: Bearing Base, Bearing Reference. Related: Bearing, North Arrow

Distance

Survey

The measured length of a boundary segment, typically expressed in feet and hundredths of feet (e.g., 582.98'). Where record distances differ from measured distances, both are shown so the discrepancy is visible.

Related: Bearing, Boundary, Closure

Curve Data

Survey

The geometric data defining a curved boundary segment: radius (distance from curve center to the curve), arc length (length along the curve), central angle or delta (the angle the curve spans), tangency (tangent or non-tangent), and chord bearing and length (the straight line across the curve, required for non-tangent curves).

Also known as: Delta, Chord, Radius, Arc Length. Related: Bearing, Distance, Boundary

Monument

Survey

A physical marker fixing a boundary corner or line — commonly iron rods with caps, concrete monuments, pipes, or PK nails. The plat shows each monument's location, size, and type, and notes whether it was found (pre-existing) or set (newly placed by the surveyor). Found original monuments generally control over record measurements when they conflict.

Also known as: Corner Marker, Iron Rod, Survey Marker. Related: Monument — Found, Monument — Set, Boundary

Monument — Found

Survey

A monument discovered in the field during the survey, typically set by a prior surveyor or government survey. Found monuments are strong evidence of boundary location and generally control over conflicting record measurements. The plat identifies the monument type and any identifying cap or marking.

Also known as: Existing Monument. Related: Monument, Monument — Set

Monument — Set

Survey

A monument newly placed by the surveyor at a boundary corner where no existing monument was found, typically an iron rod with a cap bearing the surveyor's license number. Setting monuments is Table A item 1 when requested.

Also known as: New Monument. Related: Monument, Monument — Found, Table A Items

Metes and Bounds

Survey & Title

A boundary description method using a sequence of bearings (bounds/directions) and distances (metes/measurements) beginning and ending at a defined point of beginning, often tied to monuments. Contrast with a platted (lot-and-block) description.

Related: Legal Description, Platted Description, Point of Beginning (POB)

Point of Beginning (POB)

Survey & Title

The defined starting point of a metes and bounds legal description, typically tied to a monument or a well-established reference corner. A proper description closes by returning to the point of beginning; failure to close indicates a defective description.

Also known as: POB, Point of Commencement. Related: Metes and Bounds, Closure, Legal Description

Closure

Survey & Title

The degree to which a boundary's sequential bearings and distances return to the point of beginning, forming a mathematically closed polygon. A description or survey that fails to close within accepted precision indicates measurement error or a defective record description and must be resolved.

Also known as: Mathematical Closure, Closure Error. Related: Point of Beginning (POB), Boundary, Legal Description

Lot (Lot and Block)

Survey & Title

A parcel identified by reference to a recorded subdivision plat — e.g., 'Lot 5, Block 3, Oak Valley Subdivision, Plat Book 15, Page 42.' The recorded plat supplies the geometric definition of the parcel.

Also known as: Platted Lot, Subdivision Lot. Related: Platted Description, Legal Description

Platted Description

Survey & Title

A legal description that identifies the property by lot, block, subdivision name, and plat recording reference rather than by metes and bounds. The recorded plat controls the parcel geometry.

Also known as: Lot and Block Description. Related: Lot (Lot and Block), Metes and Bounds, Legal Description

Remainder

Survey

When the surveyed property is only a portion of a recorded lot or parcel, the remaining portion of that lot. The standards require the remainder to be graphically depicted for context, though it need not be fully dimensioned or drawn at the same scale.

Related: Lot (Lot and Block), Boundary

Gore

Survey & Title

A narrow strip or sliver of land lying between the record boundaries of adjoining parcels that neither description covers, created by surveying or drafting errors in the records. Gores create title questions about ownership of the strip and must be clearly indicated or noted on the survey.

Also known as: Gap, Hiatus, Sliver. Related: Overlap, Contiguity, Boundary

Overlap

Survey & Title

A condition where the record boundaries of two adjoining parcels occupy the same ground, so both descriptions claim the same strip. Overlaps are title defects that typically require a boundary agreement, deed correction, or title insurance treatment before closing.

Also known as: Boundary Conflict. Related: Gore, Contiguity, Boundary

Contiguity

Survey & Title

The condition of parcels adjoining one another with no gaps, gores, or strips between them. On multi-parcel deals, lenders often require evidence — and an ALTA 19-series endorsement — that the parcels are contiguous so the collateral functions as one tract. The survey demonstrates contiguity or reveals its absence.

Also known as: Contiguity Endorsement. Related: Gore, Overlap, Endorsement

Gross Land Area

Survey

The computed area of the surveyed property, expressed in square feet and/or acres, shown on the plat when Table A item 4 is selected. Lenders compare the surveyed area against the record description and underwriting documents.

Also known as: Site Area, Acreage. Related: Table A Items, Boundary

Improvements & Features

Improvements

Survey

Structures and permanent features on or affixed to the property — buildings, paving, parking areas, fences, walls, signs, pools, and utility structures. The survey locates improvements relative to boundary lines, easements, and setbacks, which is how encroachments are identified.

Also known as: Structures, Site Improvements. Related: Building Footprint, Encroachment, Setback

Building Footprint

Survey

The plan outline of a building shown on the survey with exterior dimensions and tie distances to the nearest boundary lines. Exterior dimensions at ground level are Table A item 7 when selected; height and square footage may also be requested.

Also known as: Building Outline, Building Ties. Related: Improvements, Setback, Table A Items

Encroachment

Survey & Title

A condition where an improvement crosses a boundary line, easement line, or building setback line — either an on-site improvement extending onto adjoining land or an easement, or an off-site improvement extending onto the surveyed property. The survey identifies the physical condition; whether it is a legal violation is a legal determination. Encroachments are among the most common closing issues on agency loans.

Also known as: Improvement Encroachment. Related: Potential Encroachment, Off-Site Encroachment, Encroachment Summary Table (Table A Item 20), Survey Exception

Potential Encroachment

Survey & Title

A condition where measurements and record documents indicate an improvement appears to cross or nearly cross a boundary, easement, or setback line. Surveyors flag the physical facts as potential encroachments because the legal conclusion — violation or not — belongs to counsel and the title insurer.

Related: Encroachment, Encroachment Summary Table (Table A Item 20)

Off-Site Encroachment

Survey & Title

An improvement located on adjoining land that extends over the boundary onto the surveyed property — for example, a neighbor's fence, pavement, or building element. These create claims that must be addressed through agreements, releases, or title insurance treatment.

Also known as: Encroachment From Adjoining Property. Related: Encroachment, Adjoiner

Encroachment Summary Table (Table A Item 20)

Survey

A tabular summary of potential encroachments placed on the face of the survey when Table A item 20 is selected, introduced in the 2026 ALTA/NSPS standards. It groups potential encroachments into categories — including improvements over boundary lines, improvements into easements, setback intrusions where setback data was provided, access between parcels without a documented easement, and use of adjoining parcels without documented rights — so reviewers can find every flagged condition in one place.

Also known as: Item 20 Table. Related: Encroachment, Potential Encroachment, Table A Items

Utility Facility

Survey

Above-ground utility infrastructure serving the property or adjoining land — poles, pedestals, boxes, transformers, valve covers, manholes, and similar features. The 2026 standards require locating observed utility facilities on the property, including observed utility locate markings, and noting utility poles within 10 feet of the boundary. Underground utility location based on markings or records is Table A item 11 when selected; the standards do not require the surveyor to place an 811 locate request, and item 11(b) permits the client to coordinate private utility locate requests directly.

Also known as: Utility Evidence, 811 Locate. Related: Table A Items, Utility Easement

Parking Count

Survey

The count and type of parking spaces on the property (regular, handicap, loading), shown on the survey when Table A item 9 is selected. Agency lenders use the count to verify parking meets zoning and program requirements for the property's unit count.

Also known as: Parking Spaces, Striping Count. Related: Table A Items, Zoning (Table A Item 6)

Access

Survey & Title

The property's connection to a public right of way. The survey shows physical access points (curb cuts, driveways) and identifies the abutting streets and whether they are open, public, and physically accessible. Legal access without physical access — or the reverse — is a closing issue; lenders require both, and an ALTA 17-series access endorsement typically depends on what the survey shows.

Also known as: Legal Access, Physical Access, Vehicular Access. Related: Right of Way, Access Endorsement (ALTA 17 Series), Access Easement

Water Boundary

Survey

A boundary formed by or affected by a body of water. The survey locates rivers, lakes, and streams bordering or crossing the property. Water boundaries carry special rules (riparian and littoral rights, accretion, avulsion) and may move over time, complicating the legal description.

Also known as: Riparian Boundary. Related: Boundary, Legal Description

Easements & Rights

Easement

Survey & Title

A nonpossessory right to use another's land for a specific purpose — utilities, drainage, access, and similar uses. Easements generally run with the land and bind future owners. Recorded easements appear as Schedule B-II exceptions in the title commitment and must be plotted on the ALTA survey with their recording information; the survey also notes observable evidence of unrecorded easement use.

Related: Utility Easement, Drainage Easement, Access Easement, Appurtenant Easement, Easement in Gross, Unrecorded Easement, Blanket Easement

Utility Easement

Survey & Title

An easement granted to a utility provider (electric, gas, water, sewer, telecom) to install, maintain, and access infrastructure. Typically runs along property lines in defined widths. Building over a utility easement is a common encroachment finding.

Related: Easement, Utility Facility, Encroachment

Drainage Easement

Survey & Title

An easement permitting stormwater or surface drainage across the property, typically held by a municipality, drainage district, or adjoining owner. Improvements that obstruct a drainage easement create both encroachment and flooding-liability issues.

Also known as: Stormwater Easement. Related: Easement, Encroachment

Access Easement

Survey & Title

An easement granting passage across land to reach another parcel or a public road. Where a property's only access runs through an access easement, lenders scrutinize its recorded terms, insurability, and whether the survey shows the improved access actually lying within the easement area.

Also known as: Ingress/Egress Easement. Related: Easement, Access, Appurtenant Easement

Appurtenant Easement

Survey & Title

An easement that benefits a particular parcel (the dominant estate) and burdens another (the servient estate), transferring automatically with ownership of the benefited parcel. Plottable offsite appurtenant easements benefiting the surveyed property that are disclosed in provided documents must be shown as part of the survey.

Also known as: Dominant Estate, Servient Estate, Beneficial Easement. Related: Easement, Easement in Gross, Access Easement

Easement in Gross

Survey & Title

An easement held by a specific person or entity (commonly a utility) that does not attach to or benefit any neighboring parcel. It burdens the property regardless of who owns adjoining land.

Related: Easement, Appurtenant Easement, Utility Easement

Unrecorded Easement

Survey & Title

An easement not documented in the public records but potentially enforceable through implication, necessity, or prescription. ALTA surveys note observable evidence — worn drives, pole lines, buried utility markers, paths — that suggests unrecorded use. Title policies generally except unrecorded easements unless extended coverage is provided.

Related: Easement, Prescriptive Easement, Evidence of Easement, Standard (Preprinted) Exceptions

Prescriptive Easement

Survey & Title

An easement created by long-term, open, notorious, and continuous use of another's land without permission for the statutory period. Related to adverse possession but yields a use right rather than ownership. Physical evidence of such use appears on surveys as occupation or use lines.

Related: Unrecorded Easement, Adverse Possession, Evidence of Possession

Blanket Easement

Survey & Title

An easement whose recorded terms burden the entire property without describing a specific location or width. Because it cannot be plotted, a blanket easement leaves uncertainty about where the holder may exercise its rights; lenders often require it to be defined, subordinated, or insured over.

Also known as: Unlocatable Easement, Non-Plottable Easement. Related: Easement, Survey Exception

Evidence of Easement

Survey

Observable physical signs of easement existence or use noted during fieldwork: overhead lines, pole alignments, buried-utility markers, access drives, or maintenance patterns. The standards require these observations to be shown or noted because they can reveal rights not disclosed by the record.

Also known as: Observable Evidence. Related: Unrecorded Easement, Utility Facility

Right of Way

Survey & Title

The right to pass over land. Most commonly refers to the corridor owned or controlled by the public for a street or highway, as distinguished from the abutting private parcels. The survey shows right of way lines, widths, and recording references for abutting streets.

Also known as: ROW, Street Right of Way, Public Right of Way. Related: Access, Easement

Possession & Occupancy

Evidence of Possession

Survey & Title

Observable evidence that possession or use of the land differs from the record boundaries: fence lines, hedgerows, cultivation lines, and occupancy lines that do not coincide with the legal boundary. The standards require these observations to be shown because they can support adverse possession or prescriptive claims and trigger the parties-in-possession exception in title insurance.

Also known as: Possession Lines, Lines of Occupation. Related: Occupation Line, Adverse Possession, Parties in Possession

Occupation Line

Survey & Title

The boundary of actual use as evidenced on the ground — typically a fence, wall, maintained edge, or cultivation line — which may or may not coincide with the record boundary. Discrepancies between occupation and record lines are shown on the survey and evaluated for adverse possession risk.

Also known as: Fence Line Discrepancy. Related: Evidence of Possession, Adverse Possession, Boundary

Adverse Possession

Survey & Title

A doctrine by which a person may acquire ownership of another's land through open, notorious, hostile, and continuous possession for the statutory period. Survey evidence of possession inconsistent with record boundaries flags this risk. Standard title policies except rights of parties in possession and matters an accurate survey would disclose.

Related: Evidence of Possession, Occupation Line, Prescriptive Easement, Parties in Possession

Parties in Possession

Title

A standard title insurance exception recognizing that persons in actual possession of the property — such as tenants under unrecorded leases or occupants claiming adversely — may hold rights not disclosed by the public records. Commonly removed for extended coverage upon delivery of an owner's affidavit, a current survey, and rent roll or estoppel documentation.

Also known as: Rights of Parties in Possession. Related: Standard (Preprinted) Exceptions, Adverse Possession, Owner's / Seller's Affidavit

Flood & Environmental

FIRM Panel

Survey & Title

A Flood Insurance Rate Map panel published by FEMA showing flood hazard zones. When Table A item 3 is selected, the surveyor notes the flood zone classification with the map panel number and effective date. Lenders separately obtain a flood zone determination; discrepancies between the survey notation and the determination must be reconciled.

Also known as: Flood Map, FEMA Map Panel. Related: Flood Zone Determination, Special Flood Hazard Area (SFHA), Base Flood Elevation (BFE)

Flood Zone Determination

Survey & Title

A determination of whether the property lies in a FEMA Special Flood Hazard Area and its specific zone designation (A, AE, X, etc.). Federally regulated lenders must require flood insurance for buildings in an SFHA, so the determination directly affects loan conditions. Uploading it to Title & Survey Review activates the flood check set.

Also known as: Flood Determination, Flood Cert. Related: FIRM Panel, Special Flood Hazard Area (SFHA), Flood Zone Designation, Base Flood Elevation (BFE)

Special Flood Hazard Area (SFHA)

Survey & Title

The area FEMA maps as having a 1% or greater annual chance of flooding (the 100-year floodplain). Buildings within an SFHA securing federally regulated loans require flood insurance. Zones beginning with A or V are SFHAs; zones X, B, and C are outside it.

Also known as: 100-Year Floodplain. Related: Flood Zone Determination, FIRM Panel, Flood Zone Designation

Flood Zone Designation

Survey & Title

FEMA's zone code for a mapped area: Zone A (SFHA, no base flood elevation determined), AE (SFHA with BFE), VE (coastal high hazard), X shaded (moderate risk), X unshaded (minimal risk), among others. The designation controls insurance requirements and rates.

Also known as: Zone A, Zone AE, Zone X. Related: Special Flood Hazard Area (SFHA), Base Flood Elevation (BFE), FIRM Panel

Base Flood Elevation (BFE)

Survey & Title

The elevation floodwater is expected to reach during the base (1%-annual-chance) flood, shown on FIRM panels in AE and similar zones. Structure elevations relative to the BFE drive insurance rating and floodplain compliance.

Also known as: BFE. Related: Flood Zone Designation, Special Flood Hazard Area (SFHA), FIRM Panel

Zoning & Setbacks

Zoning (Table A Item 6)

Survey & Title

Table A item 6 asks the surveyor to note the current zoning classification (6a) and, if provided, the setback, height, and floor-space requirements (6b) — based solely on a zoning report or letter furnished by the client. Surveyors do not perform zoning analysis; a zoning report from a zoning specialist is the source. Uploading a zoning report to Title & Survey Review activates the zoning check set.

Also known as: Item 6a, Item 6b, Zoning Classification. Related: Zoning Report, Setback, Table A Items, Nonconforming Use

Zoning Report

Survey & Title

A report prepared by a zoning consultant or municipality describing the property's zoning classification, permitted uses, dimensional requirements (setbacks, height, coverage, parking), and compliance status including any variances or nonconformities. Lenders rely on it for zoning due diligence, and it supplies the data for Table A item 6.

Also known as: Zoning Letter, PZR Report. Related: Zoning (Table A Item 6), Setback, Nonconforming Use, Zoning Endorsement (ALTA 3 Series)

Setback

Survey & Title

The minimum distance a structure must be held from a front, side, or rear property line (or easement or street line), imposed by zoning ordinance or recorded restrictions. The survey plots setback lines when the requirements are provided via Table A item 6 or recorded documents, and flags improvements that intrude into them.

Also known as: Building Line, Building Setback Line, Front/Side/Rear Setback. Related: Zoning (Table A Item 6), Encroachment, Building Footprint

Nonconforming Use

Survey & Title

A use or structure that was lawful when established but does not conform to current zoning regulations. Often 'grandfathered,' but typically subject to restrictions on expansion and rebuilding after casualty — a key agency lender concern for older multifamily properties, addressed in zoning reports and sometimes by endorsement.

Also known as: Legal Nonconforming, Grandfathered Use. Related: Zoning Report, Zoning Endorsement (ALTA 3 Series)

Survey Precision & Standards

Standard of Care

Survey

The professional level of care, skill, and diligence required of the surveyor, established by the ALTA/NSPS standards together with state statutes, administrative rules, and the unwritten local practice of the prudent surveyor. Precision expectations scale with the property's reported planned use.

Also known as: Professional Standard. Related: Minimum Standard Detail Requirements, Professional Surveyor (PSM/PLS)

Relative Positional Precision

Survey

The measure of measurement uncertainty between any two points on the survey, which the standards cap at a defined allowable tolerance. Exceeding the allowable precision must be noted; it signals field conditions or record conflicts affecting reliability.

Also known as: RPP, Positional Accuracy. Related: Standard of Care, Closure

Records & Documentation

Records Research

Survey

The surveyor's review of record documents before and during the survey — the current title commitment, the record description, recorded easements and plats affecting the property, and deeds of adjoining parcels. The 2026 standards direct surveyors to independently obtain and review adjoining property deeds rather than relying solely on client-provided documents.

Also known as: Record Documents, Title Research. Related: Title Commitment, Schedule B, Part II — Exceptions, Adjoiner

Adjoiner

Survey

An adjoining parcel or its owner of record. The survey identifies adjoining owners and their record references, and the surveyor reviews adjoiner deeds to detect gaps, gores, overlaps, and conflicts between the subject description and neighboring descriptions.

Also known as: Adjoining Owner, Abutter. Related: Records Research, Gore, Overlap

Recording Reference

Survey & Title

The identifier locating a document in the public records — book and page, volume and page, or instrument/reception number, with the recording jurisdiction. Every recorded easement and exception shown on the survey is labeled with its recording reference, which is how survey depictions are matched to Schedule B-II exceptions in the commitment.

Also known as: Book and Page, Instrument Number, Reception Number. Related: Schedule B, Part II — Exceptions, Easement, Public Records

Public Records

Title

The official records (typically the county recorder or clerk) established under state law for recording documents affecting land title, which impart constructive notice to the world. Title searches examine the public records; matters outside them — unrecorded leases, off-record claims — are the reason standard policies carry standard exceptions.

Also known as: County Records, Land Records. Related: Title Search, Recording Reference, Constructive Notice

Constructive Notice

Title

The legal doctrine that recording a document in the public records gives all subsequent purchasers and lenders notice of it, regardless of actual knowledge. Priority among competing interests generally follows the recording order under state recording acts.

Also known as: Record Notice. Related: Public Records, Chain of Title

Fieldwork & Survey Process

Fieldwork

Survey

The on-site phase of the survey in which the field crew locates monuments and boundary evidence, measures improvements, observes utility facilities, and notes evidence of easements, possession, and use. The certification's fieldwork date starts the currency clock lenders apply.

Also known as: Field Survey, Field Location. Related: Date of Survey / Fieldwork Date, Monument, Evidence of Possession

Boundary Retracement

Survey

The process of re-establishing a previously created boundary by analyzing the record description, locating original monuments and evidence, and resolving conflicts under boundary law priorities (where found original monuments generally control over record measurements). ALTA surveys of existing properties are retracement surveys.

Also known as: Retracement Survey. Related: Monument — Found, Boundary, Closure

Plat Elements & Symbols

Title Block

Survey

The identification panel of the plat, typically lower-right, containing the survey caption, property address and legal description reference, owner name, surveyor's firm, license number, date, scale, and job number.

Related: Survey Plat (Map), North Arrow, Legend

North Arrow

Survey

The symbol showing the direction of north on the plat, referenced to the survey's basis of bearing. All bearings on the map are read relative to it.

Related: Basis of Bearing, Survey Plat (Map)

Legend

Survey

The key on the plat explaining symbols and line types: monument symbols (found vs. set), boundary and easement line styles, utility symbols, and other graphical conventions used on the drawing.

Also known as: Symbol Key. Related: Survey Plat (Map), Monument

Graphic Scale

Survey

A bar scale on the plat relating drawing distance to actual ground distance (e.g., 1 inch = 50 feet). Because it scales with reproduction, it remains accurate when the drawing is printed at a different size — unlike a stated ratio alone.

Also known as: Scale Bar. Related: Survey Plat (Map)

Survey Notes

Survey

Written notes on the plat documenting matters the drawing alone cannot convey: methodology, record-versus-measured conflicts, the disposition of each Schedule B-II item (plotted, blanket, does not affect, illegible), utility response gaps, and observed conditions. Reviewers read the notes as carefully as the drawing.

Also known as: General Notes, Surveyor's Notes. Related: Schedule B, Part II — Exceptions, Survey Plat (Map)

Commitment Fundamentals

Title Commitment

Title

A document issued by a title insurance company after search and examination, committing to issue a title policy to the proposed insured once the Schedule B-I requirements are satisfied, subject to the Schedule B-II exceptions. A valid ALTA commitment comprises the Notice, Commitment to Issue Policy, Commitment Conditions, Schedule A, Schedule B Part I, Schedule B Part II, and a counter-signature. It is an offer to insure — not an abstract, title report, or legal opinion.

Also known as: Commitment for Title Insurance, Commitment. Related: Schedule A, Schedule B, Part I — Requirements, Schedule B, Part II — Exceptions, Commitment Date (Effective Date), Proposed Insured, Title Insurance Policy

Pro Forma Policy

Title

A specimen title policy prepared before closing showing precisely how the final policy will read — the insured, amount, legal description, remaining exceptions, and attached endorsements — assuming all requirements are satisfied. It provides no coverage itself; it is a review tool that lets counsel and the lender approve final policy form before funding. Common on agency multifamily closings.

Also known as: Pro Forma, Specimen Policy. Related: Title Commitment, Title Insurance Policy, Marked-Up Commitment, Endorsement

Marked-Up Commitment

Title

A commitment annotated at or just before closing by the title company to reflect the final deal: requirements marked satisfied, exceptions deleted or modified, endorsements noted, and gap coverage confirmed. Functions as interim evidence of what the final policy will insure until the policy issues.

Also known as: Mark-Up. Related: Title Commitment, Pro Forma Policy, Gap Coverage

Preliminary Title Report

Title

An offer-stage report showing the current state of title and the exceptions anticipated in a policy, used in some (primarily western) states. Unlike a commitment, it may not be a binding promise to insure; terminology and legal effect vary by state.

Also known as: Prelim, PTR. Related: Title Commitment, Title Search

Commitment Date (Effective Date)

Title

The effective date of the commitment: the date and time through which the public records were examined. Matters recorded after the commitment date are not reflected and are caught by the bring-down search before closing. Lenders impose currency requirements on how old the effective date may be at closing.

Also known as: Effective Date. Related: Bring-Down Search (Date-Down), Gap Coverage, Title Commitment

Proposed Insured

Title

The party identified in Schedule A to receive the policy — the buyer/borrower entity for an owner's policy and the lender (with 'its successors and/or assigns as their interests may appear') for a loan policy. The proposed insured entity name must exactly match the borrower entity and loan documents; mismatches are a common closing defect.

Related: Schedule A, Vesting, Title Insurance Policy

Commitment Schedules & Structure

Schedule A

Title

The first schedule of the commitment stating the transaction facts: the effective date, the policy or policies to be issued with their amounts, the proposed insured for each, the estate or interest insured (typically fee simple), the current record owner (how title is vested), and the legal description. Every element is verified against the contract, loan documents, and survey.

Related: Proposed Insured, Vesting, Legal Description, Policy Amount (Amount of Insurance)

Schedule B, Part I — Requirements

Title

The commitment schedule listing what must happen before the policy issues: payment of consideration, recording of the deed and security instrument, releases of existing mortgages and liens, entity authority documents, affidavits, tax payments, and similar conditions. Each requirement is an action item for a specific party; unresolved requirements block closing.

Also known as: B-I, Requirements. Related: Requirement, Release / Satisfaction, Owner's / Seller's Affidavit, Schedule B, Part II — Exceptions

Schedule B, Part II — Exceptions

Title

The commitment schedule listing matters excepted from coverage in the policy: recorded easements, covenants and restrictions, mineral reservations, existing liens not being released, taxes, and the standard (preprinted) exceptions. Each recorded exception carries its recording reference and must be reviewed, plotted on the survey where locatable, and either accepted, cleared, or insured over. Note the numbering flip: in the commitment B-I is requirements and B-II is exceptions, while in the final policy Schedule B contains the exceptions.

Also known as: B-II, B-2, Exceptions Schedule. Related: Exception, Standard (Preprinted) Exceptions, Special Exceptions, Recording Reference, Survey Exception

Commitment Conditions

Title

The standard terms attached to the commitment defining key terms, limiting the company's liability (including for matters recorded between the effective date and closing, per the gap provisions), and providing that the company's only obligation is to issue the policy to the proposed insured — claims must be based in contract, and the commitment is not a representation about the condition of title to anyone else.

Also known as: Conditions. Related: Title Commitment, Gap Coverage

Title Insurance Policies

Title Insurance Policy

Title

A contract of indemnity under which the insurer agrees to defend and indemnify the insured against loss from covered title risks existing as of the Date of Policy — defects, liens, encumbrances, unmarketability, and lack of access — subject to the Schedule B exceptions, the exclusions, and the conditions. Issued after closing once commitment requirements are met. Unlike casualty insurance, it covers the past (matters existing at the policy date), not future events.

Also known as: Title Policy, Policy. Related: Owner's Policy, Loan Policy (Lender's Policy), Date of Policy, Covered Risks, Exclusion

Owner's Policy

Title

A title policy insuring the owner against covered title defects existing as of the policy date, typically in the amount of the purchase price. Coverage continues as long as the insured (or successors by operation of law) retains an interest in or liability for the property. The 2021 ALTA Owner's Policy is the current standard commercial form.

Also known as: ALTA Owner's Policy. Related: Title Insurance Policy, Loan Policy (Lender's Policy), Policy Amount (Amount of Insurance)

Loan Policy (Lender's Policy)

Title

A title policy insuring the lender's security interest — the validity, enforceability, and priority of the insured mortgage — in the amount of the loan. It protects the lender (and assignees of the loan) rather than the owner's equity, and coverage follows the debt through sale or securitization. Agency multifamily lenders require a loan policy on the current ALTA form with a program-specific endorsement stack.

Also known as: Lender's Policy, ALTA Loan Policy, Mortgagee Policy. Related: Title Insurance Policy, Owner's Policy, Endorsement, Policy Amount (Amount of Insurance)

Extended Coverage

Title

Title coverage from which the standard (preprinted/regional) exceptions — survey matters, parties in possession, unrecorded mechanic's liens, unrecorded easements — have been deleted, given a current ALTA survey, owner's affidavit, and lien documentation. Institutional lenders require extended coverage loan policies; the alternative 'standard coverage' leaves those exceptions in place.

Also known as: Extended Coverage Policy, ALTA Extended. Related: Standard (Preprinted) Exceptions, Survey Exception, Owner's / Seller's Affidavit

Date of Policy

Title

The effective date of the title policy, generally the date the insured deed or mortgage is recorded. The policy insures against covered matters existing as of this date; matters first arising afterward are not covered (subject to specific forward-looking covered risks in some forms).

Also known as: Policy Date. Related: Title Insurance Policy, Gap Coverage

Policy Amount (Amount of Insurance)

Title

The dollar amount of coverage stated in Schedule A — typically the purchase price for an owner's policy and the loan amount for a loan policy — representing the insurer's maximum liability, subject to adjustment provisions in the conditions and any increase or decrease by endorsement.

Also known as: Amount of Insurance, Face Amount. Related: Schedule A, Title Insurance Policy

Covered Risks

Title

The enumerated risks the policy insures against, including title vested other than as stated, defects and liens on title, forged or improperly executed documents, defective recording, unmarketable title, and lack of a right of access. The insured's protection is the covered risks minus the Schedule B exceptions, the exclusions, and the conditions.

Also known as: Insuring Provisions. Related: Title Insurance Policy, Exclusion, Unmarketable Title

Title Insurance Premium

Title

The one-time charge for issuing the title policy, paid at closing, with rates promulgated or filed under state regulation in most jurisdictions. Simultaneous-issue rates commonly apply when owner's and loan policies issue together; endorsements are additional cost where permitted. (Title & Survey Review does not calculate or estimate premiums.)

Also known as: Premium, Simultaneous Issue Rate. Related: Title Insurance Policy, Endorsement

Liens & Encumbrances

Encumbrance

Title

Any right, claim, or burden attached to real property that may diminish its value or restrict its use, including liens, easements, covenants, restrictions, leases, and encroachment claims. Encumbrances that remain after closing appear as policy exceptions.

Related: Lien, Easement, Restrictive Covenant, Exception

Mortgage / Deed of Trust

Title

The recorded instrument creating a voluntary lien on real property to secure a loan — a mortgage (borrower to lender) or, in many states, a deed of trust (borrower to trustee for the lender's benefit). Existing security instruments must be paid off and released at closing; the new one is recorded and insured by the loan policy.

Also known as: Security Instrument, Trust Deed, Security Deed. Related: Lien, Release / Satisfaction, Loan Policy (Lender's Policy)

Tax Lien / Taxes and Assessments

Title

A statutory lien imposed by a taxing authority for unpaid real estate taxes or assessments, generally holding priority over all other liens including prior-recorded mortgages. Commitments except taxes for the current year not yet due and require payment of delinquencies; policies exclude taxes becoming due after the policy date.

Also known as: Property Tax Lien, Assessment Lien. Related: Lien, Special Assessment, Exception

Judgment Lien

Title

A lien created when a money judgment is recorded (or transcribed) against a property owner, attaching to the debtor's real property in that jurisdiction. Judgment liens against the seller or borrower must be paid, released, or bonded off as commitment requirements.

Also known as: Abstract of Judgment, Transcript of Judgment. Related: Lien, Release / Satisfaction

Mechanic's Lien

Title

A statutory lien securing payment for labor, services, or materials furnished for improvement of the property. In many states it relates back to the start of visible work, so it can prime later-recorded mortgages even if filed afterward — which is why recent construction triggers heightened title underwriting: lien waivers, indemnities, and affidavits before the standard mechanic's lien exception is removed.

Also known as: Construction Lien, Materialman's Lien. Related: Lien Waiver, Standard (Preprinted) Exceptions, No-Recent-Improvements Affidavit

UCC Filing / Fixture Filing

Title

A security interest in personal property or fixtures perfected by filing a UCC financing statement — centrally for the entity and/or as a fixture filing in the land records. Commercial and agency multifamily closings include UCC searches against the borrower and property; existing filings must be terminated or subordinated, and the lender files its own UCC-1s at closing.

Also known as: UCC-1, Financing Statement, Fixture Filing. Related: Lien, Requirement

Lis Pendens

Title

A recorded notice that litigation is pending which may affect title to the property, giving constructive notice to purchasers and lenders that they take subject to the outcome. A lis pendens is a significant cloud; commitments require its release or resolution before the policy will issue without exception.

Also known as: Notice of Pendency. Related: Cloud on Title, Requirement, Quiet Title Action

Lien Waiver

Title

A written waiver or release of mechanic's lien rights signed by a contractor, subcontractor, or supplier, either conditional or unconditional and covering progress or final payment. Collected on new construction and recent-work transactions to support removal of the mechanic's lien exception.

Also known as: Waiver and Release of Lien. Related: Mechanic's Lien, No-Recent-Improvements Affidavit

Release / Satisfaction

Title

The recorded instrument extinguishing a lien of record — a release of mortgage/deed of trust, satisfaction of judgment, or release of lien. Payoffs at closing are only complete when the release records; commitments list obtaining and recording releases as requirements.

Also known as: Reconveyance, Discharge, Satisfaction of Mortgage. Related: Lien, Mortgage / Deed of Trust, Requirement

Covenants & Restrictions

Restrictive Covenant

Title

A recorded covenant restricting the use of property — e.g., residential-use-only, density caps, height limits, use prohibitions — that runs with the land and binds successive owners. Reviewed against the intended use and loan program; a covenant prohibiting the property's current or intended use is a serious finding.

Also known as: Deed Restriction, Use Restriction. Related: Covenants, Conditions & Restrictions (CC&Rs), Covenant Running With the Land, Reverter / Right of Reentry, Exception

Covenants, Conditions & Restrictions (CC&Rs)

Title

A recorded declaration establishing the rules of a subdivision, planned community, or condominium: permitted uses, architectural controls, maintenance obligations, assessment and lien rights, and enforcement mechanisms. CC&Rs are excepted from title coverage; owners take subject to them, and violations existing at closing can generate claims and endorsement requests.

Also known as: Declaration, Declaration of Covenants. Related: Restrictive Covenant, Owners' Association (HOA/POA/Condo), Association Lien, Exception

Covenant Running With the Land

Title

A covenant whose burdens and benefits pass automatically to successive owners of the affected parcels because it touches and concerns the land and was intended to run. Most recorded use restrictions and CC&Rs run with the land, which is why they persist through sales and appear in every commitment.

Related: Restrictive Covenant, Covenants, Conditions & Restrictions (CC&Rs), Equitable Servitude

Equitable Servitude

Title

A land use restriction enforced in equity (typically by injunction) against successors who take with notice, even where technical requirements for a covenant running at law are not met. Functionally overlaps with restrictive covenants in modern practice.

Related: Restrictive Covenant, Covenant Running With the Land

Discriminatory Covenant

Title

A covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates based on race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other protected characteristics. The 2021 ALTA forms treat any document containing one as if the discriminatory provision were redacted and void; only the remaining provisions are excepted.

Related: Restrictive Covenant, Covenants, Conditions & Restrictions (CC&Rs)

Reverter / Right of Reentry

Title

A future interest retained under a conditional conveyance: if the stated condition is violated, title may automatically revert (possibility of reverter) or the grantor may re-enter and terminate the estate (right of reentry). Reverter language in recorded restrictions is a red flag for lenders because violation could defeat the insured estate; insurers address it by exception, endorsement, or curative work.

Also known as: Possibility of Reverter, Forfeiture Provision. Related: Restrictive Covenant, Exception

Mineral Rights / Mineral Reservation

Title

Rights to subsurface minerals (oil, gas, coal, and similar substances) that may have been severed from the surface estate by prior reservation or conveyance. A mineral reservation appears as an exception; the key underwriting question is whether the mineral owner holds surface-entry rights that could disturb improvements, often addressed by an ALTA 35-series minerals endorsement or state-specific coverage.

Also known as: Severed Minerals, Oil and Gas Reservation, Subsurface Rights. Related: Exception, Endorsement

Ownership & Vesting

Vesting

Title

The manner in which record title is held: the exact name of the owner and the form of ownership (individual, joint tenants, tenants in common, LLC, LP, corporation, trust). Schedule A states current vesting; it must match the seller on the contract and the entity's organizational documents, and the deed into the buyer establishes the new vesting the policy insures.

Also known as: Title Vesting, Record Owner. Related: Schedule A, Proposed Insured, Deed

Fee Simple

Title

The highest and most complete estate in land, of potentially infinite duration, subject only to encumbrances of record and governmental powers. Schedule A identifies the insured estate; agency loan programs generally require fee simple (or a qualifying long-term leasehold under specific program rules).

Also known as: Fee Title, Fee Simple Absolute. Related: Leasehold Estate, Schedule A

Leasehold Estate

Title

The tenant's estate under a lease, most relevantly a long-term ground lease where the borrower owns improvements on leased land. Leasehold interests are insurable (leasehold owner's/loan coverage), and agency programs impose specific ground lease requirements — term length beyond loan maturity, lender protections, and estoppels.

Also known as: Ground Lease, Leasehold Interest. Related: Fee Simple, Exception

Chain of Title

Title

The chronological sequence of recorded conveyances establishing ownership from prior owners to the current record owner. The title search reconstructs the chain; a missing link (an unrecorded or defective transfer) is a title defect requiring curative work. Agency requirements also use recent-chain review as a fraud-detection tool, scrutinizing rapid transfers and non-arm's-length conveyances.

Related: Title Search, Missing Link (Gap in Chain), Deed

Marketable Title

Title

Title reasonably free from doubt — free of undisclosed defects, liens, and encumbrances such that a reasonably prudent purchaser would accept it. Contracts typically obligate the seller to deliver marketable (or insurable) title; unmarketability is itself a covered risk under title policies.

Also known as: Merchantable Title, Insurable Title. Related: Unmarketable Title, Clear Title, Title Defect

Unmarketable Title

Title

Title subject to defects or doubts serious enough that a purchaser or lender may lawfully refuse to close. The policy's covered risks include unmarketability of the title, entitling the insured to indemnity if a covered defect renders title unmarketable.

Related: Marketable Title, Covered Risks, Cloud on Title

Clear Title

Title

Informal term for title free of liens, encumbrances, and defects that would cast doubt on ownership — the practical goal of the clearance process before closing.

Also known as: Free and Clear. Related: Marketable Title, Curative Work

Cloud on Title

Title

An outstanding claim, instrument, or record entry that appears to impair the owner's title — an unreleased old mortgage, a stray deed, a lapsed option, a lis pendens. Clouds are removed by releases, corrective instruments, affidavits, or quiet title proceedings.

Related: Curative Work, Quiet Title Action, Lis Pendens

Deed

Title

The legal instrument by which the grantor conveys an interest in real property to the grantee, effective between the parties on delivery and against third parties on recording. The form of deed (warranty, special warranty, quitclaim) determines what the grantor promises about the title conveyed.

Also known as: Conveyance. Related: Warranty Deed (General Warranty), Special Warranty Deed, Quitclaim Deed, Vesting

Warranty Deed (General Warranty)

Title

A deed in which the grantor covenants that title is good and free of encumbrances (except as stated) and agrees to defend the grantee against all claims — including defects arising before the grantor's ownership.

Also known as: General Warranty Deed. Related: Deed, Special Warranty Deed, Quitclaim Deed

Special Warranty Deed

Title

A deed in which the grantor warrants title only against claims arising by, through, or under the grantor — not against defects predating the grantor's ownership. The customary conveyance form in commercial transactions, with the title policy covering the earlier history.

Also known as: Limited Warranty Deed, Grant Deed. Related: Deed, Warranty Deed (General Warranty), Quitclaim Deed

Quitclaim Deed

Title

A deed transferring whatever interest the grantor may hold, without any warranty of title. Commonly used curatively — to release a spouse's or heir's potential interest, fix a name discrepancy, or clear a stray claim from the chain.

Related: Deed, Curative Work

Requirements & Clearance

Requirement

Title

A specific condition listed in Schedule B, Part I that must be completed before the policy issues — e.g., 'Release of deed of trust recorded at Reception No. ___' or 'Furnish partnership authority documents for the proposed insured.' Requirements map to responsible parties (seller, buyer, lender, title company), and tracking them to completion is the core of title clearance.

Related: Schedule B, Part I — Requirements, Release / Satisfaction, Curative Work

Title Examination

Title

The professional analysis of the title search to determine the condition of title and insurability: which matters must be cleared (requirements), which will be excepted (exceptions), and whether any defects need curative work or underwriting decisions.

Also known as: Examination, Title Exam. Related: Title Search, Title Insurance Underwriter, Curative Work

Gap Coverage

Title

Coverage for the 'gap' between the last records search/closing and the actual recording of the insured instruments, protecting against matters recorded in the interim. Modern policy forms cover the gap; in escrow-recording states the company manages gap risk through its closing and recording procedures.

Also known as: Gap Risk, Gap Period. Related: Bring-Down Search (Date-Down), Commitment Date (Effective Date), Commitment Conditions

Curative Work

Title

The work of resolving title defects identified in examination: obtaining lien releases, corrective or quitclaim deeds, missing probate or entity documents, affidavits, or pursuing reformation or quiet title actions. Curative items appear in the commitment as requirements.

Also known as: Title Curative, Clearance. Related: Requirement, Quiet Title Action, Quitclaim Deed, Title Defect

Owner's / Seller's Affidavit

Title

A sworn statement by the owner/seller (often titled owner's affidavit, seller's affidavit, or affidavit and indemnity) attesting to matters not shown of record: no parties in possession except as disclosed, no recent labor or materials that could ripen into mechanic's liens, no unrecorded contracts or options, and no known defects. It is a primary basis for issuing extended coverage with the standard exceptions deleted.

Also known as: Owner's Affidavit, Title Affidavit, Affidavit and Indemnity. Related: Standard (Preprinted) Exceptions, Parties in Possession, No-Recent-Improvements Affidavit, Extended Coverage

No-Recent-Improvements Affidavit

Title

An affidavit attesting that no labor, services, or materials that could support a mechanic's lien were furnished to the property within the applicable statutory period (or disclosing and documenting any that were). Supports removal of the mechanic's lien exception.

Related: Mechanic's Lien, Lien Waiver, Owner's / Seller's Affidavit

Estoppel Certificate

Title

A signed statement by a third party confirming the current status of its interest and precluding later contrary claims — tenant estoppels (lease terms, rent, defaults), association estoppels (dues, assessments, violations), and ground lessor estoppels. Collected during diligence and required by lenders where such interests affect the collateral.

Also known as: Tenant Estoppel, Estoppel Letter. Related: Association Estoppel / Payoff Letter, Parties in Possession, Leasehold Estate

Exceptions & Exclusions

Exception

Title

A matter listed in Schedule B that the policy does not insure against; the insured takes title subject to it. Exceptions divide into standard (preprinted) exceptions and special exceptions specific to the property — recorded easements, CC&Rs, mineral reservations, taxes, and existing encumbrances not being released. Clearance work aims to delete, insure over, or knowingly accept each one.

Also known as: Title Exception, Policy Exception. Related: Schedule B, Part II — Exceptions, Standard (Preprinted) Exceptions, Special Exceptions, Exclusion

Standard (Preprinted) Exceptions

Title

The preprinted general exceptions appearing in every commitment for off-record matters: rights of parties in possession; encroachments and matters an accurate survey would disclose; unrecorded easements; unfiled mechanic's liens; and taxes or assessments not yet shown as due. Deleted for extended coverage upon a current ALTA survey, owner's affidavit, and lien documentation. Agency multifamily requirements prohibit standard or general survey exceptions in the loan policy.

Also known as: General Exceptions, Preprinted Exceptions, Regional Exceptions. Related: Exception, Extended Coverage, Survey Exception, Parties in Possession, Mechanic's Lien

Special Exceptions

Title

Exceptions specific to the property, listed after the standard exceptions: recorded easements, CC&Rs, plat matters, mineral reservations, existing deeds of trust, judgments, and other instruments found in the search, each with its recording reference. These are the items reviewed one by one and cross-checked against the survey.

Also known as: Specific Exceptions, Numbered Exceptions. Related: Exception, Schedule B, Part II — Exceptions, Recording Reference

Survey Exception

Survey & Title

The standard exception excluding coverage for encroachments, boundary overlaps, and other matters that an accurate and complete land title survey would disclose. Providing a current ALTA/NSPS survey allows the insurer to delete it or replace it with a 'survey reading' excepting only the specific matters the survey actually shows. Its removal is a core reason ALTA surveys exist — and a core agency requirement.

Also known as: General Survey Exception, Survey Reading. Related: Standard (Preprinted) Exceptions, ALTA/NSPS Land Title Survey, Encroachment, Extended Coverage

Exclusion

Title

Matters excluded from coverage by the policy jacket itself (as distinct from Schedule B exceptions): governmental police power including zoning and building codes; eminent domain; defects created, suffered, or agreed to by the insured; matters first arising after the policy date; and unenforceability of the lien due to lender regulatory issues, among others. Exclusions cannot be deleted, though some endorsements provide affirmative coverage in adjacent areas.

Also known as: Exclusions from Coverage. Related: Exception, Title Insurance Policy, Covered Risks

HOA & Common Interest Communities

Owners' Association (HOA/POA/Condo)

Title

The homeowners', property owners', or condominium association administering a common-interest community under its recorded declaration: enforcing CC&Rs, maintaining common elements, levying assessments, and (in most states) holding lien rights for unpaid amounts. Association matters appear as exceptions, and payoff/estoppel letters are standard closing requirements.

Also known as: Homeowners Association, Property Owners Association, Condominium Association. Related: Covenants, Conditions & Restrictions (CC&Rs), Association Lien, Association Estoppel / Payoff Letter, Special Assessment

Association Lien

Title

A lien in favor of an owners' association for unpaid assessments, arising under the recorded declaration and state statute. In 'super-lien' states, a portion can prime even a first mortgage — a material lender concern requiring payoff or escrow at closing.

Also known as: HOA Lien, Assessment Lien, Super Lien. Related: Owners' Association (HOA/POA/Condo), Special Assessment, Lien

Association Estoppel / Payoff Letter

Title

A statement from the owners' association certifying assessments due, pending special assessments, violations, and transfer requirements for the property, binding the association to the stated figures. A standard commitment requirement in community-association properties.

Also known as: Estoppel Letter, Status Letter, Resale Certificate. Related: Owners' Association (HOA/POA/Condo), Association Lien, Estoppel Certificate

Special Assessment

Title

An extraordinary charge levied outside regular dues or ad valorem taxes: an association special assessment for capital repairs, or a governmental/district assessment (paving, sewer, metropolitan district) that attaches as a lien. Pending and levied assessments are searched, disclosed, prorated or paid, and excepted as applicable.

Also known as: Municipal Assessment, District Assessment. Related: Association Lien, Tax Lien / Taxes and Assessments

Endorsements

Endorsement

Title

An amendment to the title policy adding affirmative coverage, deleting or modifying exceptions, or tailoring terms — identified by ALTA form numbers (e.g., 3.1 zoning, 4/5 condominium/PUD, 6 variable rate, 8.1/8.2 environmental lien, 9-series restrictions/encroachments (comprehensive), 17-series access, 18/18.1 tax parcel, 19-series contiguity, 22 location, 25 same-as-survey, 35-series minerals). Agency multifamily loan programs specify a required endorsement stack as a funding condition; availability and cost vary by state.

Also known as: ALTA Endorsement, Rider. Related: Comprehensive Endorsement (ALTA 9 Series), Zoning Endorsement (ALTA 3 Series), Access Endorsement (ALTA 17 Series), Same-As-Survey Endorsement (ALTA 25), Environmental Protection Lien Endorsement (ALTA 8 Series), Separate Tax Parcel Endorsement (ALTA 18 Series), Loan Policy (Lender's Policy)

Comprehensive Endorsement (ALTA 9 Series)

Title

The ALTA 9-series ('restrictions, encroachments, minerals') endorsement providing affirmative coverage against loss from existing covenant violations, encroachments, and certain mineral-development damage. A staple of commercial loan policy stacks; the insurer's willingness to issue it depends on the survey and covenant review.

Also known as: ALTA 9, REM Endorsement. Related: Endorsement, Restrictive Covenant, Encroachment

Zoning Endorsement (ALTA 3 Series)

Title

The ALTA 3-series endorsement insuring the property's zoning classification and that the specified use is permitted; the 3.1 form for improved land adds coverage tied to specified dimensional matters based on survey data. Issued in reliance on a zoning report and the survey; unavailable or premium-restricted in some states.

Also known as: ALTA 3.1, ALTA 3.0. Related: Endorsement, Zoning Report, Zoning (Table A Item 6)

Access Endorsement (ALTA 17 Series)

Title

The ALTA 17-series endorsement insuring that the land abuts and has actual vehicular and pedestrian access to a specifically named, physically open public street (17-06), or such access via an insured easement (17.1). Issuance depends on what the survey shows about frontage, curb cuts, and any access easements.

Also known as: ALTA 17, ALTA 17.1. Related: Endorsement, Access, Access Easement

Same-As-Survey Endorsement (ALTA 25)

Survey & Title

The ALTA 25 endorsement insuring that the land described in the policy is the same as that shown on the identified survey — tying the insured legal description to the surveyed parcel and closing the loop between the title and survey work products.

Also known as: ALTA 25, Survey Endorsement. Related: Endorsement, Legal Description, Survey Plat (Map)

Environmental Protection Lien Endorsement (ALTA 8 Series)

Title

The ALTA 8-series endorsement insuring the lender against loss from environmental protection liens recorded in the public records (and identified statutory super-lien provisions). The 8.1 form applies to one-to-four family residential; the 8.2 commercial form is the one relevant to multifamily loan policies.

Also known as: ALTA 8.1, ALTA 8.2. Related: Endorsement, Loan Policy (Lender's Policy)

Separate Tax Parcel Endorsement (ALTA 18 Series)

Title

The ALTA 18-series endorsement insuring that the land constitutes one or more separate tax parcels and is not assessed jointly with other property. Prevents the scenario where a tax delinquency on someone else's land creates a lien reaching the collateral.

Also known as: ALTA 18, ALTA 18.1. Related: Endorsement, Tax Lien / Taxes and Assessments

Closing & Settlement

Closing / Settlement

Title

The consummation of the transaction: execution and delivery of the deed and loan documents, disbursement of funds per the settlement statement, and transmittal of instruments for recording. Conducted by a closing or settlement agent — whose identity and permitted functions on agency loans are governed by the applicable agency's title and closing requirements.

Also known as: Settlement, Consummation. Related: Escrow, Settlement Statement, Recording, Closing Protection Letter (CPL)

Escrow

Title

An arrangement in which a neutral party holds funds and documents and disburses or delivers them only when defined conditions are satisfied. In agency multifamily lending, recent requirements have moved escrow and funding functions to the title insurance underwriter itself (rather than agents), subject to state-law carve-outs — a central compliance point in current Fannie Mae and Freddie Mac title requirements.

Also known as: Escrow Agent, Funding Functions. Related: Closing / Settlement, Settlement Statement, Title Insurance Underwriter

Settlement Statement

Title

The itemized statement (ALTA Settlement Statement or similar) accounting for every dollar in the closing: purchase price or loan proceeds, payoffs, prorations of taxes and rents, title and recording charges, and net disbursements. Lenders reconcile it against the closing ledger and wires; mismatches are funding defects.

Also known as: ALTA Settlement Statement, Closing Statement, HUD-1. Related: Closing / Settlement, Escrow, Proration

Proration

Title

The apportionment of periodic items — real estate taxes, assessments, rents, association dues — between seller and buyer as of closing, credited on the settlement statement.

Related: Settlement Statement, Closing / Settlement

Recording

Title

The act of filing the deed, security instrument, and related documents with the county recording office, giving constructive notice and establishing priority under the recording acts. Recording turnaround interacts with policy-issuance and delivery deadlines imposed by agency requirements; recording backlogs are a known operational risk.

Also known as: Recordation, Recording Fees. Related: Public Records, Constructive Notice, Gap Coverage

Closing Protection Letter (CPL)

Title

A letter from the title insurance underwriter indemnifying the addressed lender (and sometimes buyer/seller) against loss from the issuing agent's fraud, dishonesty with escrowed funds, or failure to comply with the lender's written closing instructions. Distinct from the Closing Instruction Letter, which is the lender's set of instructions itself. A required item on agency loan closings where state law permits.

Also known as: CPL, Insured Closing Letter. Related: Closing / Settlement, Escrow, Title Insurance Underwriter

Transaction Parties

Title Agent

Title

A company or attorney authorized by a title insurance underwriter to search title, issue commitments and policies on the underwriter's paper, and frequently conduct closings. Agency multifamily requirements now restrict which functions agents may perform (particularly escrow and funding) and condition agent authority on matters such as ownership and appointment status with the underwriter.

Also known as: Issuing Agent, Agency. Related: Title Insurance Underwriter, Title Commitment, Closing / Settlement

Title Insurance Underwriter

Title

The title insurance company that assumes the risk under the policy (e.g., the national and regional underwriters), sets underwriting standards, approves extra-hazardous coverage, and stands behind agents' policies. Agency multifamily programs maintain approved-underwriter schedules and have shifted escrow/settlement functions to the underwriter level — making underwriter identity and approval status a first-order closing check.

Also known as: Title Underwriter, Insurer, Approved Underwriter. Related: Title Agent, Title Insurance Policy, Escrow

Title Problems & Resolutions

Title Defect

Title

Any flaw impairing the validity or marketability of title: forged or improperly executed instruments, missing heirs or probate gaps, misindexed or defectively recorded documents, erroneous legal descriptions, or unauthorized entity conveyances. Defects found pre-closing become requirements or curative projects; defects surfacing post-closing become policy claims.

Related: Curative Work, Title Claim, Missing Link (Gap in Chain), Forged Document

Forged Document

Title

A deed, release, or other instrument that was forged, fraudulently executed, or signed without authority. Forged instruments are generally void and convey nothing, which is precisely why forgery is a core covered risk — and why seller-impersonation fraud drives modern verification procedures in title and agency requirements.

Also known as: Forgery, Fraudulent Conveyance. Related: Title Defect, Covered Risks, Title Claim

Title Claim

Title

A claim asserted under the title policy when a covered defect, lien, or adverse claim surfaces — obligating the insurer, per the conditions, to defend the insured's title and/or indemnify for loss up to the policy amount. Prompt written notice and cooperation are conditions of coverage; the insurer holds subrogation rights after payment.

Also known as: Policy Claim, Notice of Claim. Related: Title Insurance Policy, Covered Risks, Subrogation

Subrogation

Title

The insurer's right to step into the insured's shoes after paying a claim and pursue recovery from those responsible for the defect — a forger, a negligent prior party, or an indemnitor. Set out in the policy conditions.

Related: Title Claim, Title Insurance Policy

Reformation

Title

An equitable judicial remedy correcting a written instrument — most often a deed or mortgage bearing an erroneous legal description — to conform to the parties' true agreement. One of the curative tools for documentary defects.

Also known as: Deed Reformation, Corrective Action. Related: Curative Work, Legal Description, Title Defect

Quiet Title Action

Title

A judicial proceeding to establish title against adverse claims and remove clouds — resolving boundary disputes, stale instruments, competing chains, or unknown-heir claims with a binding decree. The heavyweight curative remedy when releases and affidavits cannot clear the record.

Also known as: Suit to Quiet Title. Related: Cloud on Title, Curative Work, Lis Pendens

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This glossary is provided for general informational purposes only and does not constitute legal, title, survey, or lending advice.