If you’re buying or selling property in Florida, the title commitment is one of the most critical documents you’ll encounter before closing. Unfortunately, it’s also one of the most overlooked. A title commitment is not just a routine checklist—it’s a legally binding offer of title insurance that sets the foundation for your entire transaction. Whether you’re a seasoned investor, a first-time homebuyer, or administering an estate, understanding what’s in a title commitment—and what’s not—can make or break a deal.
Because our attorneys are also licensed title agents, we go beyond the surface to ensure your interests are fully protected. We analyze every exception, confirm that the legal description matches the contract and survey, and coordinate directly with lien search providers and surveyors. We also work hand-in-hand with lenders, when applicable, to ensure that all title requirements are addressed well in advance of closing—not at the last minute, when the risk of delays or disputes is highest. When representing a buyer or issuing title insurance, we treat each transaction as unique—not just a set of forms to fill out.
The title commitment itself is typically divided into four parts. Schedule A confirms the basic information: buyer, seller, property address, and proposed policy amount. This is the first place we check to ensure the parties and legal description match the contract. Schedule B-I sets out the requirements that must be met before the policy is issued—these often include the payoff of mortgages, the recording of a new deed, and, in estate transactions, providing probate documents or trustee certifications. These requirements must be carefully reviewed to avoid surprises at closing.
Schedule B-II identifies exceptions from policy coverage—these are items that will not be insured by the title policy unless they are affirmatively removed or endorsed. In Florida, some of the most common exceptions include recorded easements and restrictive covenants, which may allow utility companies access to certain portions of the property or limit the use of the land in ways not immediately apparent from a visual inspection. For example, a drainage easement across the backyard could prevent the construction of a pool or accessory structure—even though the lot appears to have space.
Another frequently encountered exception relates to sovereign submerged lands, or sovereign water rights. Florida law vests ownership of all lands beneath navigable waters in the State, which means that any property abutting a river, lake, or coastal area may include a carve-out in the title policy for “lands lying below the mean high-water line.” This is especially relevant for waterfront homes with docks, seawalls, or other improvements extending into submerged lands. Title insurers often exclude coverage for these areas unless the owner has secured a sovereignty submerged lands lease from the Florida Department of Environmental Protection (DEP). Without such documentation, any claim by the State to reclaim or regulate the submerged portion could leave the property owner without coverage under their title policy.
Because these exceptions can affect property use, development potential, or even financing, it is critical to have legal counsel review the commitment early in the process. At Rossway Swan, we ensure that exceptions are properly analyzed, challenged where appropriate, and removed or insured over whenever possible.
The title commitment isn’t just a formality—it’s the foundation of your transaction. If you’re purchasing, selling, or inheriting property in Florida and have questions about your title commitment, contact our real estate law team to schedule a consultation. We are here to help you close with clarity and confidence.
At Rossway Swan, we regularly assist clients navigating these exact challenges. Whether you’re administering an estate, buying inherited property, or need to resolve a title cloud, we’re here to help.
If you have questions or need assistance with an estate-related property matter, please contact our office to schedule a consultation.
