ALTA ENDORSEMENT
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Last updated January 2007
ALTA 3-06 ENDORSEMENT (6/17/06)
(Zoning - Unimproved Property)
NOTE ON “-06” ENDORSEMENTS
ALTA endorsements with the “-06” designation are designed for use with the 2006 ALTA policies and may not
be used with the 1992 or earlier versions of the ALTA policies. If you are issuing a pre-2006 ALTA policy form
you should use the ALTA 3 (6/17/06) endorsement which is designed for pre-2006 policies.
GUIDELINES
Explanation:
This endorsement to the Loan or Owner’s Policy provides insurance of the applicable zoning classification and
authorized use of the land. It is designed for issuance on unimproved property.
Underwriting Requirements:
(1) Secure and review a written certification from the applicable zoning department or agency as to the zoning
classification and authorized use together with a copy of the applicable zoning ordinance.
(2) If possible, confirm the zoning classification by review of the zoning maps or by requiring that the survey
state the applicable zoning classification.
(3) If the authorized use is based upon an exception, variance, or prior authorized nonconforming use consult
with our underwriting personnel.
(4) We prefer that Paragraph 2 of this endorsement refer to the “following use or uses” by excerpting language
from the zoning ordinance and not by stating in more general terms the proposed use.
REGION C COMMENTARY:
The zoning classification for the property should be inserted at the end of paragraph 1(a) [for example: “R-12”
or “BP”]. Following paragraph 1(b) should be the description of the permitted uses allowed under the
applicable zoning code for the zoning classification noted in 1(a). The best practice is to insert the words “see
attached” in the blank after paragraph 1(b) and attach a copy of the relevant section of the zoning code which
describes the uses allowed in this zone.
FORM OF ENDORSEMENT (see below)
ALTA Form 3-06 (Zoning)
ENDORSEMENT ATTACHED TO POLICY NO.
ISSUED BY
Order Number: Gross Premium:
1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy,
a. According to applicable zoning ordinances and amendments, the Land is not classified Zone
b. The following use or uses are not allowed under that classification:
2. There shall be no liability under this endorsement based on
a. Lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances
and amendments, including but not limited to the failure to secure necessary consents or authorizations as
a prerequisite to the use or uses. This paragraph 2.a. does not modify or limit the coverage provided in
Covered Risk 5.
b. The invalidity of the zoning ordinances and amendments until after a final decree of a court of competent
jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses.
c. The refusal of any person to purchase, lease or lend money on the Title covered by this policy.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the
terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv)
increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent
with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to
all of the terms and provisions of the policy and of any prior endorsements.
Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized
countersignature.
Date:
Countersigned:
_________________________________
Authorized Countersignature Endorsement Serial No. E-9315 -
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