Title Insurance insures that the "record"
title is good subject only to the exceptions expressly set out
in the policy. It also insures against certain matters which do
not appear of record, such as forgery, identity of parties, incompetence
of former owners, interest of missing heirs, and status of individuals
not having the "right" to sell property.
The standard owners policy and standard mortgage policy are based
on public records of the recording district in which the land
is located. It does not insure against matters which would only
be disclosed by actual inspection or survey of the property. It
does not insure against certain matters not shown by the public
records such as unrecorded easements, liens or money obligations;
unrecorded utility rights of way, public or private roads, community
driveways and other types of encumbrances, or against the rights
or claims of persons in possession of the property which are not
shown by the public records.
Upon application, the issuing company may specially cover matters
which are disclosed by a physical inspection and/or a survey of
the property, subject to any exceptions which the inspection will
determine to be proper. An additional risk premium is charged
for this type of coverage. Insurance of this kind is called extended
coverage. |