Author: Roger Therien
Last saved by: R

State: California

Form:		CLTA Form 103.2	Date: January 1, 1993

Subject:	This Endorsement insures the lender against loss sustained as the result of the exercise of the right to use or maintain a particular easement over or through the land.

This Endorsement is often requested when the conveyance creating the easement does not limit it to a specified area (i.e., a so-called blanket easement). While the lack of a specific legal description for the easement may trigger the request for this endorsement, it is not appropriate to issue it on that basis.

This endorsement may be issued to a Lender either with an ALTA or CLTA Policy. Consider possible issuance of the 103.3 endorsement whenever issuance of this endorsement is not appropriate. 

Requirements for Issuance:

1.	Obtain approval from an advisory title officer, branch counsel or the Underwriting Department prior to issuance of this Endorsement.

Supervisory personnel are to consider if the reason for the easement's creation has been exhausted or abandoned, either affirmatively or by long disuse and tolerance of activity inconsistent with the easement's purpose (e.g., a railroad right of way created in 1930 in a now heavily residential area with no railroad tracks in place, no terminals or railroad yards nearby, etc.); or consider if the easement is being exercised over property other than the land to be insured under the Policy and, as a result, is not likely to be exercised over the insured land.

Preparation Instructions:

A.	Insert paragraph and Schedule where insured mortgage is described in the Policy.