Title Report or Title Abstract Requirements
Title Report or an Abstract of Title identifies who has title to the property and all others with an interest in the property. Every title report or title abstract shall provide a Certification Page, Schedule A, and Schedule B.
- The Certification Page shall indicate who has the right to convey or mortgage the property that is subject to the Environmental Easement ("EE").
- Schedule A shall provide the legal description of the property.
- Schedule B shall list the exceptions to the title or issues which require clearance or amplification before the title company is willing to issue its policy. The Easement Attorney must ensure that the title report includes a copy of every encumbrance that affects title (i.e. mortgages, judgments, easements, leases, subleases, assigned leases).
- A copy of the Tax map must be included in the report.
A proposed title insurance policy to be underwritten by a New York State licensed title insurance company must be included in the Environmental Easement Package. The policy should be in the amount of $35,000 with the State (The People of the State of New York acting through their Commissioner of the Department of Environmental Conservation) listed as the insured.
The title company is being asked to insure title to the property covered by the EE, only. The title company should certify that sufficient title and lien research has been conducted to identify all necessary legal and equitable interests and that they have given preliminary consent. This would include at a minimum all fee title owners by deed, contract sellers, buyers and assignees, mortgagees, lessees and other consensual lien-holders.
The title company should certify that the signatures of the identified grantors on the EE satisfy legal requirements necessary to provide the State with an interest in the property superior to all other interests or to provide notice to those other parties. The title company should insure the boundaries of the encumbered property as it appears on the final survey.
Proof of notices served on the required parties must be returned to DEC after the EE has been filed and the notices have been served. Without clearance of title issues and the willingness of the title company to insure the title under an owner's policy, DEC will not accept an EE on behalf of the State (please note: the EE will need to be recorded before the title insurance policy will be executed).
The title company will need to provide a commitment letter to the effect that it will issue the proposed title insurance policy upon recordation of the EE.
Please note: This list is not exhaustive and is subject to change. Additional information may be required on a case by case basis.