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Indivisible Interests

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Making Life Easier

Making Life Easier

by Steve Zablocki, State Underwriting Counsel

The property is within a certified survey map. The CSM recites that parcel 1 is joined with parcel 2. The owner of parcel 3 wants to buy just parcel 1. Can we ensure with an exception for the restriction on the CSM?

Seems like an odd one, but it really happened. To the extent that there’s a clear and present restriction, regrettably, we cannot insure. Why? In particular, the parcel likely only has one tax parcel number. Will the property lister honor the split? Unlikely.

Ultimately, it is a case of a recorded restriction that would bar the split. Naturally, nothing stops the parties from doing a new CSM and specifically releasing the restriction. This is likely the only way the issue will be resolved.

If you run into any situations where there’s a recorded restriction, and the parties are asking you to proceed with an exception for the same, contact your First American underwriter. We must parse through and determine whether we can insure the transaction.

Contact the First American Wisconsin Agency at wisconsinagency@firstam.com or 800.362.8205.

The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers.

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

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