The policy is defined by what it excludes. The exceptions page is the one to read.
Esshaki Legal Media TeamCurrent as of August 2026
Title insurance protects against defects in title existing at the time of the
policy — a prior lien, a gap in the chain, a forged instrument, an unrecorded
interest. Unlike other insurance it looks backwards, not forwards, and is paid
once.
The document that matters is the commitment, and within it Schedule B:
the exceptions. Anything listed there is not covered. Standard exceptions
commonly include matters an accurate survey would disclose, rights of parties in
possession, and unrecorded easements — and each can be removed, sometimes for a
premium and sometimes by providing a survey or an affidavit.
The negotiation is therefore about exceptions, not about the policy amount. A
buyer who reads Schedule B during the due diligence period can require the seller
to clear items before closing. One who reads it afterwards owns them.
Owner’s and lender’s policies are separate. A lender’s policy protects the
lender’s interest only, and declines as the loan is repaid. A buyer relying on
the lender’s policy is insured for nothing.