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non payers and slow payers - Joan Newport/NE
6/1/2015 8:55:26 PM (2552 views)
Re: non payers and slow payers - David Kossman/MO
6/2/2015 11:16:57 AM (1951 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:48:32 AM (1530 views)
Re: non payers and slow payers - David Kossman/MO
6/16/2015 8:56:26 AM (1464 views)
Re: non payers and slow payers - rod hefner/KS
6/16/2015 1:55:43 PM (1357 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:02:44 PM (1437 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:45:57 PM (1428 views)
Re: non payers and slow payers - mollie cardell/SC
6/15/2015 9:20:45 AM (1369 views)

non payers and slow payers - Joan Newport/NE
6/1/2015 8:10:16 PM (2402 views)
Re: non payers and slow payers - Victoria Moate/NJ
6/8/2015 9:54:34 AM (1525 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:50:34 AM (1258 views)
Re: non payers and slow payers - Jeanne  Herman/FL
6/15/2015 12:19:50 PM (1378 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:08:10 PM (1311 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:48:11 PM (1199 views)

K.K. Title and Escrow, Inc???? - R Braun/VA
6/1/2015 12:25:37 PM (4095 views)
Re: K.K. Title and Escrow, Inc???? - Amber Townsend/MD
8/17/2015 9:09:20 AM (1134 views)

Comment on "The Many Uses of a Road" - Source of Title/OH
6/1/2015 10:46:48 AM (1740 views)
Problems with Easements run in Both Directions - Donald Petersen/AZ
6/1/2015 10:46:49 AM (3958 views)

Interesting Post Mr. Smith...

It probably should be recognized that the Courts are literally only used in these situations when the principals involved, the principals being the holders of the interests in either the dominant or servient tenements, are in dispute, wherein lies the REAL problem.

As far as the Florida Court ruling you cite, don't know how recent it was but I was actually taught that same sort of interpretation back in the late 1970's in California relative to upgrades on public roads, private Rights of Way, Railroad Rights of way dating back to the creation of the railroads themselves, and the use of easements for all sorts of Public  and quasi-public Utilities.

What I was told was that no matter how anybody looks at it, with the exception of it being an easement for purely permanent physical encroachment of some sort, that ALL of it had to do with some form or mode of "Transportation". Doesn't matter whether what is being transported is inside an unseen pipeline, moving by the flow of electrons through a wire, or involving the use of a goat cart on the surface with some person out in front leading the goats, the effect on the servient tenement is exactly the same. Absent the permission of the holder of the "owner" of the  servient tenement the party exercising their "right" to use of the easement is at least theoretically depriving the  owner of the servient tenement  of their right to use their property (or even easement) to the fullest potential they might be able to use it for should they choose to do so.

On a far more basic level, there are many things some of us are subjected to daily that are in fact issues relative to the imposition  of "claimed" easements but we like to consider them as something else entirely. For instance, the "conveyance" across property boundary lines of uninvited noise, smoke from Industrial processes (the actual cause of the very first "environmental" law suit in England way back at the beginning of the Industrial Revolution by a landholding Nobleman against an adjacent Factory), or the " legal consent" a dominent tenement holder (for their purposes relative to their property) signs when buying a home next to Farmland, a Golf Course, or even a Park, relative to the possibility of migration of pesticides, wildlife,  or even errant golf balls at times causing either health concerns or property damage. 

As far as an Attorney explicitly prohibiting particular types of uses, it would seem to me that might protect the Attorney for leaving a possible different interpretation available to the Courts, but with respect to the actual overburdening of the easement. at least in the eyes of the client, the Attorney is still on the hook anyway.

A great many of the cases I've seen over the years relative to the "implied" use of easements actually didn't have much to do with that defined subject at all. Boiled down to basics, some people find a line of poles with wires suspended between them to be aesthetically abhorrent, or at least that's what they claim. Then it becomes a question of 1.) whether the pole line could be put somewhere else instead, and/or 2.) whether or not it might be feasable to bury them so as to not damage the landscape view, instead. Most of the time what I've seen is that it turns out the landowner isn't exactly against the use of a pole line, they're against the neighbor doing anything on THEIR property which would require the USE of a pole line, which is another matter entirely..

 

 

 

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NY Searches and tips - Marian Littleton/VA
5/28/2015 5:00:45 PM (2386 views)
Re: NY Searches and tips - MARYANNE PANKER/NY
6/1/2015 9:31:26 AM (1589 views)
Re: NY Searches and tips - mason haas/NY
6/13/2015 7:57:15 AM (1319 views)


Real Title Services


Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 4:19:26 PM (2397 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 5:08:26 PM (1730 views)
Re: Jessie Whitaker with Rapid Documents in GA - george Hubka/MI
5/27/2015 6:00:25 PM (1745 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 7:24:30 PM (1849 views)
Re: Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 6:18:51 PM (1887 views)
Re: Jessie Whitaker with Rapid Documents in GA - Amanda Hembree/GA
7/5/2015 7:25:14 PM (1389 views)

Comment on "A $200,000 Cap on a $1.5 Million Policy" - Source of Title/OH
5/25/2015 1:56:13 PM (2041 views)
$200,000 cap limit - edward hartung/OH
5/25/2015 1:56:13 PM (1520 views)
Re: $200,000 cap limit - Slade Smith/OH
5/26/2015 1:05:25 AM (1625 views)

Miami - Dade updates? - Kurt deVries/FL
5/22/2015 3:29:11 PM (2396 views)
Re: Miami - Dade updates? - Ruth Seal/FL
5/26/2015 8:43:48 AM (1587 views)
Re: Miami - Dade updates? - John OConnor/IL
5/26/2015 2:30:25 PM (1515 views)
Re: Miami - Dade updates? - MARC DAVIS/PA
6/28/2015 11:50:37 AM (1308 views)

Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 9:44:19 AM (3444 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/21/2015 2:34:49 PM (2457 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 3:32:35 PM (2217 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Cindy Thomas/NY
5/27/2015 12:39:42 PM (6228 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Marian Severance/PA
5/26/2015 8:04:56 AM (2072 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/26/2015 5:58:51 PM (2437 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 7:57:44 AM (1932 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - george Hubka/MI
5/27/2015 11:29:03 AM (1982 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 2:21:29 PM (1929 views)

Resolutions Title Inc. - Scott Sieja/MI
5/21/2015 8:34:23 AM (4365 views)
Re: Resolutions Title Inc. - Jay Duncan/MO
5/26/2015 7:25:24 PM (1588 views)

Kentucky Land and Title - Mike Dickerson/AL
5/14/2015 4:34:15 PM (2512 views)
Re: Kentucky Land and Title - kevin ahern/CT
5/15/2015 4:36:29 PM (1728 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:19:22 AM (1544 views)
Re: Kentucky Land and Title - Michael Dickerson/AL
5/21/2015 11:31:07 AM (1396 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:46:26 AM (1466 views)
Re: Kentucky Land and Title - David Bay/FL
5/26/2015 6:59:03 AM (1421 views)
Re: Kentucky Land and Title - John Leasure/OR
5/26/2015 10:04:06 AM (1529 views)

Cell Towers - Joanie Hahr/VT
5/7/2015 8:45:54 AM (2688 views)
Re: Cell Towers - DAVID VOGELER/IL
5/7/2015 11:51:19 AM (1879 views)
Re: Cell Towers - sharon tornes/MN
5/7/2015 3:27:32 PM (1816 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 7:21:37 AM (1817 views)
Re: Cell Towers - Cynthia Garfold/PA
5/8/2015 9:18:29 AM (1889 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 10:04:33 AM (1692 views)
Re: Cell Towers - Philip Apter/CT
5/11/2015 12:57:55 PM (1641 views)
Re: Cell Towers - Joanie Hahr/VT
5/12/2015 9:48:01 AM (1649 views)
Re: Cell Towers - george Hubka/MI
5/11/2015 12:15:04 PM (1744 views)

Just another typical title searcher complaint! - DAVID VOGELER/IL
5/5/2015 5:16:06 PM (3331 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
5/5/2015 7:02:27 PM (2020 views)
Re: Just another typical title searcher complaint! - Jim A/WV
5/6/2015 8:23:03 AM (1947 views)
Re: Just another typical title searcher complaint! - Cynthia Garfold/PA
5/6/2015 9:15:30 AM (1844 views)
Re: Just another typical title searcher complaint! - Jason Knowles/AL
5/6/2015 10:01:23 AM (1989 views)
Re: Just another typical title searcher complaint! - DAVID VOGELER/IL
5/6/2015 10:23:01 AM (1913 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:53 PM (1271 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:56 PM (1495 views)
Re: Just another typical title searcher complaint! - Joanie Hahr/VT
5/8/2015 7:24:37 AM (1794 views)
Re: Just another typical title searcher complaint! - Kenneth Signor/SC
5/11/2015 6:56:52 AM (1753 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:16 AM (1295 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:20 AM (1391 views)

RELTCO _ Residential Lenders Title Co - Cynthia Garfold/PA
5/4/2015 9:33:54 AM (2443 views)

KENTUCKY LAND TITLE - David Bay/FL
5/4/2015 2:05:19 AM (2212 views)
Re: KENTUCKY LAND TITLE - Mike Dickerson/AL
5/14/2015 4:35:36 PM (1511 views)
Re: KENTUCKY LAND TITLE - george Hubka/MI
5/18/2015 9:41:11 AM (1571 views)


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LOCAL SEARCHERS (PA& EVERYWHERE)-WE PAY
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We are an AMERICAN production and marketplace company, working with most of the major underwriters and Seeking LOCAL independant title searcher(s) for regular work in the following PA counties:
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