Appendix C : Proposed Exceptions to an Examiner's Title Opinion

• Library: Standards for Examination of Real Estate Titles in Arkansas (2021 Ed.)

APPENDIX C: PROPOSED EXCEPTIONS TO AN EXAMINER'S TITLE OPINION

The following is a list of exceptions which an examiner may wish to utilize when writing an opinion. These are mere suggestions and do not purport to be all-inclusive. Further, not all of the exceptions are applicable in all cases. It is suggested that the examiner tailor these exceptions to each particular opinion and/or client.

1. This opinion does not certify title with respect to, and is given subject to:

a. Rights-of-way, easements and/or claims of easements, restrictive covenants or similar limitations contained in prior instruments of record or in place;
b. Leases or other tenancies presently existing which are not filed of record in __________ County, or of which the lender or purchasers have actual or constructive knowledge;
c. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the premises; (ii) the character, dimensions, or location of any improvement erected on the premises; (iii) the subdivision of land; or (iv) environmental protection;
d.

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