Title Insurance Exclusions

EXCLUSIONS

In addition to the Exceptions in Schedule B, you are not insured against loss, costs, legal fees and expenses resulting from:

1. Governmental power and the existence or violation of any law, by-law, ordinance, order, code or government regulation. This includes laws, by-laws, ordinances, orders, codes and regulations concerning:
  • building;
  • zoning;
  • land use;
  • improvements on the Land;
  • environmental protection;
  • land division.
This exclusion does not apply to violations or the enforcement of these matters which appear in the Public Records at Policy Date. This exclusion does not limit the coverage described in Items 10, 17(b), 17(c), 17(d), 21, 22, 23, 24, 25, 26 and 27 of the Covered Risks.


2. The failure of your existing structures or any part of them to be constructed in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date or if the existence of the violation would have been disclosed by a Local Authority Search of the Land at the Policy Date. 
This exclusion does not limit the coverage described in Item 24 of the Covered Risks.


3. The right to take the Land by expropriation, unless:
  • a notice of the right being exercised appears in the Public Records on the Policy Date; or
  • the expropriation happened prior to the Policy Date and is binding on you if you bought the Land without knowing of the expropriation.


4. Risks:
  • that are created, allowed, or agreed to by you;
  • that are actually known to you, but not to us, on the Policy Date – unless they appeared in the Public Records;
  • that result in no loss to you; or
  • that first affect your Title after the Policy Date. This does not limit the coverage in Items 1 to 7, 19, 27 and 29 of the Covered Risks.

5. Failure to pay value for your Title.


6. Lack of a right:
  • to any land outside the area specifically described and referred to in Schedule A; or
  • in streets, lanes, or waterways that touch your Land.
This exclusion does not limit the coverage in Items 10, 24, 25 and 26 of the Covered Risks.