title commitment Archives - Tallgrass Title

No, no. This is not about problems with Commitments, or even about Buyers shopping for a home for over a year and still not happy with anything. This is a series about the Title Commitments that we issue and how to make sure you understand what you are reading. We want to go in-depth and help break down just what purpose the Commitment serves as well as its different components. The end goal is for you to be able to receive the Commitment and know exactly what the general items and terms are and how to navigate them.

The Nature and Purpose of the Commitment

The Title Commitment is a report prepared by the title company containing specific information about the property to be purchased or that is currently owned. It also legally binds the title company to issue a Title Policy – it’s a commitment. The Title Commitment, issued prior to closing, is the stepping-stone to issuing the final Title Policy, which is issued after closing. The Commitment is not the Policy, and the Policy is not the Commitment, although there will be similar information given and shared between the two.

Your Commitment will contain four parts: the Commitment Jacket, Schedule A, Schedule B I – Requirements and Schedule B II – Exceptions. Let’s parse out each of these components and give a brief run-down of what each one is.

The Commitment Jacket

The Commitment Jacket is general, non-specific coverage that is issued from an insurance underwriter (the Insurance Company) to the title company (the Insurance Agent.) This will be included with each Commitment that we issue.

Schedule A

A “schedule” in its basic meaning is simply a written form or statement of details. Regarding Title Insurance, the schedules give specific information about the property and transaction. Schedule A gives a general description of property concerning its property address, legal description, how title is currently vested, and what types of policies are going to be issued after the closing takes place.

Schedule B – Requirements

Schedule B of the Title Commitment is broken up into two separate sections: Requirements and Exceptions. The first section (Requirements) details specifically what is needed to pass clear title and issue a final Title Policy. If a purchase transaction, you will typically see some form of deed, mortgage, mortgage release, and an affidavit. If refinancing, the only difference will be no deed to convey ownership. There may be some additional items in the Requirements that will need to be addressed, depending on what is found and listed in the Exceptions.

Schedule B II – Exceptions

The Exceptions contain all things pertaining to and running with the specific piece of real estate as mentioned in Schedule A. The Buyer/Owner has free and clear title to the ownership and use of the said real estate, with the exception that their rights to use the property are subject to all those items contained therein.

Stay tuned for the next blog in the series, as we will dive further into discussion about each of the components that make up the Commitment. And even if things are still somewhat confusing afterwards, feel free to reach out and give us a call! It’s what we’re here for!

Imagine this: you’re reviewing an informational or a commitment from the title company and you notice the legal description contains a tract in a government lot. What does this mean? Is this a concern for my transaction? This is one instance in which the word “government” is nothing to worry about! Legals with Lippman is back to discuss government lots and what they mean to you or your client.

Government lot is a term used within the Public Land Survey System a.k.a PLSS. We briefly talked about PLSS in our first Legals with Lippman. PLSS dates back to 1785 in the United States and is the system that breaks real estate into Section-Township-Range (STR).

 Fun fact: Not all states adopted the PLSS, most notably the Thirteen Colonies.

So, what is it?

A government lot is an irregular portion of a Section as formed by a meandering body of water, impassable object, or another boundary (state, reservation, grant, etc). These “lots” are used in Sections with an irregular shape or acreage (containing less than or more than the 640 acres seen in a standard Section). While called lots, these are not the type of lot that you would see in a platted subdivision. These lots are surveyed by the government (see example from Township 10, Range 8 below) and unlike a platted lot, do not have the zoning regulations, setback lines, or restrictions that are sometimes seen on plats.

In Riley County, for example, we see government lots formed by the Big Blue River and by Fort Riley. More specifically, if we examine a survey of the government lots in Township 10, Range 8, we see how Sections 5, 4, 9, and 8 are encompassed by the Big Blue River, making them slightly irregular.

On modern versions of an STR map you can see how these Sections have some variation in size; this is another indication of the presence of government lots.

In an STR legal description you will see these irregular portions referenced as either a ‘government lot’ or a ‘lot.’ This is an example of a tract from Section 5, Township 10 South, Range 8 East, which is located near the Big Blue River. Another county might refer to these tracts as “government lots 9 and 10.”

So, what does this mean for my property? Owning part of a government lot is no different from owning land with any other STR legal description. There are no special restrictions or government regulations. A government lot is simply a way to make abnormal shapes and acreages fit into a standard section in the PLSS. If you see a government lot listed in your legal description, there is nothing to worry about!

We love helping and we love legal descriptions; if you have a question about your or your client’s legal description, give us a call!

Tag: title commitment

Commitment Issues, Vol. 1 – Title Commitment 101