Indivisible Interests

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.

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