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Alta Us Policy 9-28-91 (Land Exchange)

Alta Us Policy 9-28-91 (Land Exchange)

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Published by Mary Cochrane
ALTA U.S. Policy - 9/28/91 Land Exchange

e.g., acceptable to FSH 5409.13 - LAND ACQUISITION HANDBOOK
CHAPTER 30 - LAND EXCHANGE
Amendment No.: 5409.13-2004-2
Effective Date: February 27, 2004
37 - TITLE STANDARDS

For related direction on title standards, see chapter 50 of this Handbook.

Title vested to the United States of America shall be documented in accordance with the “Department of Justice Title Standards 2001, a guide for the preparation of title evidence in land acquisitions by the United States of America” (sec. 30.6 and 36 CFR 254.15(a)(1)). Secure final title policy on the "ALTA U.S. Policy - 9/28/91" Form. (See chapter 50 for exceptions to use of this form of title evidence.) For exchanges of approximately equal value, obtain title insurance for the non-Federal property based on the advice of the Regional Review Appraiser.

The United States is not required to provide title insurance for the Federal lands exchanged
(36 CFR 254.15(a)(2)). However, a copy of the Federal Land Status Report should be given to the non-Federal exchange party. When the Federal lands exchanged were acquired by purchase, donation, condemnation, or exchange, a copy of the title evidence from that acquisition case file should be provided to the non-Federal party.
ALTA U.S. Policy - 9/28/91 Land Exchange

e.g., acceptable to FSH 5409.13 - LAND ACQUISITION HANDBOOK
CHAPTER 30 - LAND EXCHANGE
Amendment No.: 5409.13-2004-2
Effective Date: February 27, 2004
37 - TITLE STANDARDS

For related direction on title standards, see chapter 50 of this Handbook.

Title vested to the United States of America shall be documented in accordance with the “Department of Justice Title Standards 2001, a guide for the preparation of title evidence in land acquisitions by the United States of America” (sec. 30.6 and 36 CFR 254.15(a)(1)). Secure final title policy on the "ALTA U.S. Policy - 9/28/91" Form. (See chapter 50 for exceptions to use of this form of title evidence.) For exchanges of approximately equal value, obtain title insurance for the non-Federal property based on the advice of the Regional Review Appraiser.

The United States is not required to provide title insurance for the Federal lands exchanged
(36 CFR 254.15(a)(2)). However, a copy of the Federal Land Status Report should be given to the non-Federal exchange party. When the Federal lands exchanged were acquired by purchase, donation, condemnation, or exchange, a copy of the title evidence from that acquisition case file should be provided to the non-Federal party.

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Published by: Mary Cochrane on Aug 13, 2013
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American Land Title AssociationU.S. Policy FormRevised 9-28-91UNITED STATES OF AMERICAPOLICY OF TITLE INSURANCEIssued byBLANK TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROMCOVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, BLANKTITLE INSURANCE COMPANY, a Blank corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated inSchedule A, sustained or incurred by the insured by reason of:1.Title to the estate or interest described in Schedule A being vested other than as statedtherein;2.Any defect in or lien or encumbrance on the title;3.Unmarketability of the title;4.Lack of a right of access to and from the land;5.In instances where the insured acquires title to the land by condemnation, failure of thecommitment for title insurance, as updated to the date of the filing of the
lis pendens
notice or the Declaration of Taking, to disclose the parties having an interest in the landas disclosed by the public records. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of thetitle, as insured, but only to the extent provided in the Conditions and Stipulations.[Witness clause optional]BLANK TITLE INSURANCE COMPANY
BY: __________________________________ PRESIDENTBY: __________________________________ SECRETARY
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA membersin good standing as of the date of use. All other uses are prohibited.Reprinted under license from the American Land Title Association.
 
American Land Title AssociationU.S. Policy FormRevised 9-28-91
EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy and the Companywill not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:1.(a)Any law, ordinance or governmental regulation (including but not limited tobuilding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensionsor location of any improvement now or hereafter erected on the land; (iii) a separation inownership or a change in the dimensions or area of the land or any parcel of which theland is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from aviolation or alleged violation affecting the land has been recorded in the public records atDate of Policy.(b)Any governmental police power not excluded by (a) above, except to the extent that anotice of the exercise thereof or a notice of a defect, lien or encumbrance resulting froma violation or alleged violation affecting the land has been recorded in the public recordsat Date of Policy.2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the publicrecords at Date of Policy, but not excluding from coverage any taking which has occurred prior toDate of Policy which would be binding on the rights of a purchaser for value without knowledge.3.Defects, liens, encumbrances, adverse claims or other matters:(a)created, suffered, assumed or agreed to by the insured claimant;(b)not known to the Company, not recorded in the public records at Date of Policy, butknown to the insured claimant and not disclosed in writing to the Company by theinsured claimant prior to the date the insured claimant became an insured under thepolicy;(c)resulting in no loss or damage to the insured claimant; o(d)attaching or created subsequent to Date of Policy.4.This policy does not insure against the invalidity or insufficiency of any condemnationproceeding instituted by the United States of America, except to the extent set forth in insuringprovision 5.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA membersin good standing as of the date of use. All other uses are prohibited.Reprinted under license from the American Land Title Association.
 
American Land Title AssociationU.S. Policy FormRevised 9-28-91SCHEDULE A
[File No. ]Policy No. Amount of Insurance $[Premium $ ]a.m.Date of Policy [at p.m.]1.Name of Insured:2.The estate or interest in the land which is covered by this policy is:3.Title to the estate or interest in the land is vested in:[4.The land referred to in this policy is described as follows:]If Paragraph 4 is omitted, a Schedule C, captioned the same as Paragraph 4, must be used.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA membersin good standing as of the date of use. All other uses are prohibited.Reprinted under license from the American Land Title Association.

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