Legal Question in Real Estate Law in New Jersey
Title Insurance
What exactly is insured by one's title insurance policy....is it the actual survey or the land description (as per survey)? For example, if the land description depicts the property as beginning 200' from a particular intersection, and the survey appears to be plotted differently, ie; 210', which one would be the controlling factor in terms of the title policy? Thank You!
1 Answer from Attorneys
Re: Title Insurance
The answer is a bit more complex than you might like. First, the title insurance does not insure the survey. In fact, most title policies specifically contain an exclusion for things that would have been shown by an accurate survey under the theory that the surveyor is insured. Nominally, the title policy insures good title to the metes and bounds that are part of the policy. Things can get complicated after that and it would be necessary to know the specifics of the issue that raises your question to be of more help. Call me if you would like to discuss the matter.
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