ALTA 17.1 Indirect Access and Entry
The ALTA 17.1 Indirect Access and Entry endorsement provides the same assurances as the ALTA 17, but is tailored for those instances where the land utilizes an easement for its access. The ALTA 17.1 insures that the land insured under the title policy enjoys indirect access to an identified public right-of-way by virtue of a beneficial easement identified in Schedule A of the policy.
This type of endorsement is commonly issued in transactions involving shopping centers or multi-parcel office developments where the access is by way of a common parking lot or a common driveway that crosses multiple other parcels before it reaches the insured parcel.
ALTA 17.1 Underwriting
When an ALTA 17 or 17.1 has been requested, it is the underwriter’s job to determine whether or not the particular types of assured access actually exist and also to determine whether or not a public street that abuts the land in question (or is accessible via a recorded easement, in the case of an ALTA 17.1). Finally the underwriter must determine whether or not the curb cuts or entries providing access to the property are adequate and legal. The determinations are typically made by utilizing a survey, but the title underwriter may also turn to other resources, including section maps, plats, and specific local knowledge.
There are plenty of circumstances where curb cuts and entries are not legal for variety of reasons, which might include violating a restricted access area, being too close to an intersection or bridge, or being situated along a railway line without an approved crossing.