D&B-1

DESCRIPTION - DEFECT CAUSED BY CHANGE IN STREET LINES

Where there is a defect in the description appearing in a deed which has been on record for 10 years or more and the defect arose by reason of a change in the street line of the street by which the beginning point is monumented or by reason of a change in the street line of the street upon which the property abuts, the title will be insured without requirement of a correction deed, if both of the following conditions exist:

• All subsequent deeds on record for 10 years or more correctly describe the property with reference to the changed street lines, and
• The property has been improved for 10 years or more, and the grantor in the described deed owned no other property abutting the misdescribed property.

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D&B-2

DESCRIPTION - VARIANCE BETWEEN STREETS ON FILED MAP AND IN PARTICULAR DESCRIPTION

Where a deed into the grantee describes the property by lot on a filed map followed by a particular description which makes no reference to the map and thereafter, there has been a change in the street line of the street from which the beginning point is monumented and the particular portion of the description in the deed does not describe the property with reference to the new street line, but coincides with the property location according to the map,the title will be insured without requirement of a correction deed.

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D&B-3

EFFECT OF "SAME AS" RECITAL IN DEED

• When an instrument purports to convey or mortgage all of the interest of an owner but the instrument contains a recital that the property is the same as that described in (as distinguished from conveyed by) a previous instrument which conveyed or mortgaged only a fractional interest, the recital should be disregarded and the instrument passed as conveying or mortgaging the entire interest of the owner.
• When a conveyance contains a defective description but the description is followed by a recital that the property is the same as that conveyed by or described in a previous instrument which contains a good description, the defective description should be disregarded and the deed passed as conveying the entire premises.

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D&B-4

FENCE VARIATIONS

Where there are variations between the lines of the record title and lines of fences, hedges or retaining walls, the policy may except such variations but will not except failure of title to the land outside of such fence, hedge or retaining wall unless such variations exceed twelve inches.

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D&B-5

INSURING GORES IN RECORD TITLE

Where there is a gore of less than one inch between two lots, contiguity between the two lots will nevertheless be insured unless there is an express reservation to the land in the gore or unless there is pending litigation over title to the gore.

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D&B-6

PARTY WALLS

• When the distances and dimensions given for two or more plots would make them contiguous except for the fact that the point of beginning in one or more of the descriptions is located opposite the center of a party wall, the monumentation will be disregarded and contiguity will be insured when the properties come into a common ownership provided that the gap between the point opposite the center of the party wall and the line determined by the distance is 3 inches or less.
• When the point of beginning is described as being "at" the center of the party wall (as distinguished from "opposite") and the front of the party wall is set back from the street line at least two feet, the attempted location at the center of the party wall will be disregarded entirely as a monument even if the gap is more than 3 inches.
• Where a common owner conveyed buildings separately monumenting some plots as opposite the center of a party wall, the monumentation shall be disregarded for the purpose of insuring contiguity where the sum of the dimensions used in the conveyances totals all the property originally held by the common owner.
• Where a grantor conveys premises monumenting the same as opposite the center of a party wall, such monumentation may be disregarded for the purpose of insuring contiguity where the dimensions used in the conveyance would otherwise convey all the property of the grantor.

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D&B-7

RECIPROCAL DRIVEWAY EASEMENTS

Where a reciprocal driveway easement is in actual use by adjoining owners and the reciprocal easement is affirmatively recited in deeds of record on both sides for at least the past 10 years, and not subordinate to any mortgage, the reciprocal easement will be insured and any defect in its creation by the common owner disregarded.

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D&B-8

VARIATION BETWEEN RECORD DESCRIPTION AND TAX MAP

Where there is a variation between the recorded description and a tax map up to one inch, no question shall be raised.

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