Stewart Title offers our residential customers various levels of coverage for your protection. The coverage provided by the ALTA Owner’s Policy (a standard coverage policy) covers you for defects and liens typically in the Public Records’ history of your title through the date and time your deed is recorded in the Public Records. The ALTA Homeowner’s Policy provides enhanced coverage and protects you from matters appearing in the Public Records and items not appearing in the Public Records, including some that might occur after the policy is issued.
There are two versions of the ALTA Owner's and Homeowner's policies depending on the state your property is located. Contact your local Stewart Title office to see which will apply to your transaction. Read more about the differences in coverage between these policies below.
Coverages Included Without Endorsement
Assumes compliance with Stewart Title’s underwriting requirements for issuance of the applicable policy
Owner's Policy (standard) 2021
Homeowner's Policy 2021
Title being vested other than as stated in Schedule A of policy
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Forgery, fraud, duress, incompetency, incapacity or impersonation
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Liens or encumbrances on the title (e.g., prior mortgage or deed of trust, state or federal tax lien, condominium or homeowners’ association lien)
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A document affecting title not properly created, executed, sealed, acknowledged or delivered
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Defective recording of documents
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Defect in title caused by improper remote online notarization, failure to perform those acts necessary to create a document by electronic signature, and repudiation of an invalid electronic signature
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Unmarketability of the title
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No right of access to and from the land
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Restrictive covenants limiting your use of the land
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Gap Coverage (extending coverage from the closing to the recording of the deed)
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Coverage continues as long as you own the property
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Policy insures anyone who inherits the property from you
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Policy insures the trustee of your estate-planning trust who receives a deed from you
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Policy insures an affiliate who receives a deed from you
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Policy insures residential property only
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Policy can only be issued to a natural person or estate planning entity
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Parties in possession of the property that are not disclosed by the Public Records (e.g., tenants, adverse possessors)
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Unrecorded easements affecting the property
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Encroachments and boundary line disputes that would be disclosed by a survey
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Mechanic’s liens (a lien against the property due to non-payment of work)
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Taxes or special assessments that are not shown as liens by the Public Records
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Actual vehicular and pedestrian access based upon a legal right
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Loss of your title resulting from a prior violation of covenant, condition or restriction
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A limited amount of coverage is available if you are unable to obtain a building permit due to an existing violation of a subdivision law or regulation or you must correct an existing violation (subject to a deductible)
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A limited amount of coverage is available if you must remedy or remove an existing structure because it was built without a proper building permit (subject to a deductible)
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A limited amount of coverage is available if you must remedy or remove an existing structure due to an existing violation of a zoning law or zoning regulation (subject to a deductible)
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A limited amount of coverage is available if you must remove your existing structures if they encroach into an easement or over a setback line
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You cannot use the land as a single-family residence because such use violates an existing zoning law or zoning regulation
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You are forced to remove your existing structures because they encroach into an easement or over a setback line
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Damage to existing structures due to an exercise of an existing right to use any easement affecting the land
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Damage to existing improvements due to an exercise of an existing right to use the surface of the land for the extraction or development of minerals, water or any other substance
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Someone else tries to enforce a discriminatory covenant
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Supplemental taxes because of prior construction or change of ownership or use
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Loss if the residence is not located at the address stated in the policy
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Pays substitute rent and relocation expenses, if you cannot use your home because of a claim covered by the policy
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Automatic increase in policy amount up to 150% of policy amount over 5 years
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Forgery or impersonation affecting the title
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Unauthorized leases, contracts or options
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Easements affecting your use of the land
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Encroachment of neighbor’s buildings onto your land
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Coverages stated above are merely examples. Please refer to the policy for actual coverages related to your transaction. Both policies identified above may contain certain exceptions, exclusions and conditions as set out by Stewart Title Guaranty Company and the American Land Title Association®. If you have any questions regarding your rights under the various policies seek legal, tax or other professional advice.
The information provided is for informational purposes and is subject to change without notice.
Coverages Included Without Endorsement
Assumes compliance with Stewart Title’s underwriting requirements for issuance of the applicable policy
Owner's Policy 2006
Homeowner's Policy (2/3/10) Rev. (12/2/13)
Third party claims an interest in the title
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Prior forgery, fraud or duress affecting the title
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Liens or encumbrances on the title (e.g., prior mortgage or deed of trust, state or federal tax lien, condominium or homeowners' association lien)
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Improperly executed documents
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Defective recording of documents
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Unmarketability of the title
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Lack of a right of legal access to and from the land
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Restrictive covenants limiting your use of the land
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Gap Coverage (extending coverage from the closing to the recording of the deed)
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Coverage continues as long as you own the property
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Policy insures anyone who inherits the property from you
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Policy insures the trustee of an estate-planning trust
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Policy insures the beneficiaries of a trust upon your death
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Parties in possession of the property that are not disclosed by the public records (e.g., tenants, adverse possessors)
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Unrecorded easements (e.g., prescriptive easements) affecting the property
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Coverages Included Without Endorsement
Encroachments that would be disclosed by a survey
*
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Mechanic's liens (a lien against the property due to non-payment of work)
*
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Taxes or special assessments that are not shown as liens by the public records
*
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Actual vehicular and pedestrian access, based upon a legal right
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You must correct or remove an existing violation of certain covenants, conditions or restrictions
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Correction or removal of an existing violation of certain covenants, conditions or restrictions
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Loss of your title resulting from a prior violation of a covenant, condition or restriction
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Up to $10,000 if you are unable to obtain a building permit due to an existing violation of a subdivision law or regulation, or if you must correct an existing violation (subject to a deductible)
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Up to $25,000 if you must remedy or remove an existing structure because it was built without a proper building permit (subject to a deductible)
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Up to $25,000 if you must remedy or remove an existing structure due to an existing violation of a zoning law or zoning regulation (subject to a deductible)
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Up to $5,000 if you must remove your existing structures due to their encroachment upon your neighbor’s land (subject to a deductible)
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Inability to use the land as a single-family residence because such use violates an existing zoning law or zoning regulation
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Forced removal of your existing structures because they encroach upon an easement or over a setback line
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Damage to existing structures due to the exercising of an existing right to use any easement affecting the land
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Damage to improvements due to the exercising of an existing right to use the surface of the land for the extraction or development of minerals, water or any other substance
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Attempted enforcement of discriminatory covenant
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Supplemental taxes because of prior construction or change of ownership or use
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Damages due to the residence’s not being located at the address stated in the policy
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Payment of substitute rent and relocation expenses if you cannot use your home because of a claim covered by the policy
Automatic increase in policy amount up to 150% of policy amount over five years
Forgery affecting the title
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Unauthorized leases, contracts or options
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Easements or restrictions affecting your use of the land
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Encroachment of neighbor's buildings onto your land
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*Not automatically included in the basic policy but may be available by extended coverage
Both polices contain certain stipulations and conditions as set out by Stewart Title Guaranty Company and the American Land Title Association®. If you have questions regarding your legal rights under the various polices, we suggest that you contact your attorney.
