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Zoning Endorsements Zoning endorsements are commonly required by
commercial customers in conjunction with the Owner's and/or Lender's
policies. This endorsement gives the insured assurances regarding the
uses permitted on the subject parcel of real estate under the applicable
zoning ordinances. It protects the insured from loss which might occur
in the instance a final court order would prohibit the use stated in the
endorsement. There are generally three types of zoning
endorsements requested by customers: an ALTA Form 3.0 for Unimproved Land,
and ALTA Form 3.1 for Improved Land and a modified ALTA Form 3.1 which
addresses the number of parking spaces required under a particular classification.
All of these endorsements set forth the Zoning Classification and the uses
permitted under this classification. The use(s) are commonly
"abbreviated" to state only the current or proposed use.
Most zoning endorsements do not set forth all conceivable permitted
uses. If it is the wish of the insured that all uses be set forth, that
portion of the zoning ordinance which describes all uses under a certain
classification will be either incorporated by reference or an exhibit (part
of the Zoning Code) will be attached to the endorsement. The
insured might also request assurance that there are adequate parking
spaces under a certain zoning classification and might select the
modified 3.1 endorsement. Most local title companies do not have copies
of all municipal zoning ordinances and maps within their regions. The
buyer or borrower is requested to provide the title company with an ALTA
survey (discussed in a previous title tip) and a Zoning Letter before coverage
for zoning can be approved. The title company can provide contact
information for the particular city or county zoning department to their
customer. The Zoning Letter should be addressed to the title
company and identify specifically the land covered, the zoning classification
for the subject land, state all permitted uses under said zoning
classification and whether the current or intended use is in conformity with
the zoning ordinance in force or in conformity with a variance that might
have been approved. If parking coverage is addressed, the letter
should also state if there are adequate parking spaces on said
property. This letter should be ordered at least 2 weeks prior to
the closing date as there may be a wait to receive the required letter. A note on costs: Some municipalities
charge for zoning letters therefore a buyer may have to advance a fee to
obtain this letter. Title companies will generally advance recording
fees to their customers but they will not normally advance a fee to
obtain a zoning letter. In addition, because this endorsement covers a
special risk, title companies will charge an additional fee for providing
this coverage. Most often this charge is paid for by the buyer, but the
cost can be shifted by negotiation of the parties. It is suggested that the
issue of who pays for special coverages should be addressed in the real
estate contract. Any questions can be directed to Benchmark Title at
618-239-3750. Please feel free to call or email:
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Call today for a quote! Why wait? You can place your
next title order now by clicking here. Bethany Bond,
Marketing Representative, joined Benchmark Title in 2006 with six years of
title insurance experience under her belt. Bethany first began in the
title insurance industry as a disbursing agent for a title company in
the St. Louis metro area. She quickly moved to processor, then closer,
and managed an escrow office while closing residential and commercial
transactions before moving into marketing. As Marketing
Representative for Benchmark, Bethany is primarily responsible for marketing
in the Counties of Madison, St. Clair and Monroe. Her favorite thing
about her job is meeting new people and taking care of their needs. She
describes herself as a customer service perfectionist and loves when a
customer calls wanting a miracle to happen, and then making it
happen. Bethany's recommendation to customers is to be informed
consumers by getting your firgures ahead of time, requesting copies of
documentation, etc. so that they can leave the closing table as smart
real estate investors rather than confused buyers. Bethany lives
in Belleville's historic district with her boyfriend and favorite loan
officer, Jason Stanfield, and his 7 year old daughter, Alexis, along with 3
dogs, 1 cat, 1 guinea pig and a turtle. As Bethany is frequently
out on the road visiting customers, the best way to reach her is on her
cell phone at 618-791-0395. She can also be reached in our Glen Carbon
office at 618-288-1695 or by email at bbond@benchmarktitle.net.
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