It is the policy of our company to provide affirmative coverage under lender�s title policies when minor encroachments are present. Minor encroachments are defined as encroachments of improvements over minimum building setback lines (less than a few inches) or similar encroachment of improvements onto easements. Encroachments of fences and gravel drives onto easement or over boundary lines may be insured if they are less than 3 feet. Gross encroachments of improvements (more than a few inches over the minimum building setback line requirements or onto easements by concrete retaining walls, etc.) should be treated on a case-by-case basis. Please contact the underwriting department for affirmative coverage involving the more severe encroachment problems.
When warranted by the above criteria, the following affirmative coverage may be afforded:
[Describe the encroachment under Schedule B of the commitment or policy, and then add the following:] �However, this policy affirmatively insures the insured against loss as a result of the enforcement of a decree of a final judgment from a court of competent jurisdiction ordering the removal of said encroachment .�
Similar coverage can be provided by an endorsement which includes substantially the same language and refers to a specific Schedule B exception.