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non payers and slow payers - Joan Newport/NE
6/1/2015 8:10:16 PM (2936 views)
Re: non payers and slow payers - Victoria Moate/NJ
6/8/2015 9:54:34 AM (3313 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:50:34 AM (2961 views)
Re: non payers and slow payers - Jeanne  Herman/FL
6/15/2015 12:19:50 PM (3093 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:08:10 PM (3066 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:48:11 PM (2951 views)

K.K. Title and Escrow, Inc???? - R Braun/VA
6/1/2015 12:25:37 PM (4615 views)
Re: K.K. Title and Escrow, Inc???? - Amber Townsend/MD
8/17/2015 9:09:20 AM (2900 views)

Comment on "The Many Uses of a Road" - Source of Title/OH
6/1/2015 10:46:48 AM (2226 views)
Problems with Easements run in Both Directions - Donald Petersen/AZ
6/1/2015 10:46:49 AM (6130 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 (2884 views)
Re: NY Searches and tips - MARYANNE PANKER/NY
6/1/2015 9:31:26 AM (3404 views)
Re: NY Searches and tips - mason haas/NY
6/13/2015 7:57:15 AM (3074 views)

Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 4:19:26 PM (2932 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 5:08:26 PM (3698 views)
Re: Jessie Whitaker with Rapid Documents in GA - george Hubka/MI
5/27/2015 6:00:25 PM (3564 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 7:24:30 PM (3624 views)
Re: Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 6:18:51 PM (3617 views)
Re: Jessie Whitaker with Rapid Documents in GA - Amanda Hembree/GA
7/5/2015 7:25:14 PM (3205 views)




Comment on "A $200,000 Cap on a $1.5 Million Policy" - Source of Title/OH
5/25/2015 1:56:13 PM (2620 views)
$200,000 cap limit - edward hartung/OH
5/25/2015 1:56:13 PM (3264 views)
Re: $200,000 cap limit - Slade Smith/OH
5/26/2015 1:05:25 AM (3461 views)

Miami - Dade updates? - Kurt deVries/FL
5/22/2015 3:29:11 PM (2944 views)
Re: Miami - Dade updates? - Ruth Seal/FL
5/26/2015 8:43:48 AM (3311 views)
Re: Miami - Dade updates? - John OConnor/IL
5/26/2015 2:30:25 PM (3229 views)
Re: Miami - Dade updates? - MARC DAVIS/PA
6/28/2015 11:50:37 AM (3045 views)

Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 9:44:19 AM (3979 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/21/2015 2:34:49 PM (4361 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 3:32:35 PM (4047 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Cindy Thomas/NY
5/27/2015 12:39:42 PM (8266 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Marian Severance/PA
5/26/2015 8:04:56 AM (3885 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/26/2015 5:58:51 PM (4334 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 7:57:44 AM (3760 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - george Hubka/MI
5/27/2015 11:29:03 AM (3768 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 2:21:29 PM (3704 views)

Resolutions Title Inc. - Scott Sieja/MI
5/21/2015 8:34:23 AM (4995 views)
Re: Resolutions Title Inc. - Jay Duncan/MO
5/26/2015 7:25:24 PM (3380 views)

Kentucky Land and Title - Mike Dickerson/AL
5/14/2015 4:34:15 PM (3122 views)
Re: Kentucky Land and Title - kevin ahern/CT
5/15/2015 4:36:29 PM (3485 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:19:22 AM (3333 views)
Re: Kentucky Land and Title - Michael Dickerson/AL
5/21/2015 11:31:07 AM (3219 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:46:26 AM (3282 views)
Re: Kentucky Land and Title - David Bay/FL
5/26/2015 6:59:03 AM (3142 views)
Re: Kentucky Land and Title - John Leasure/OR
5/26/2015 10:04:06 AM (3321 views)

Cell Towers - Joanie Hahr/VT
5/7/2015 8:45:54 AM (3262 views)
Re: Cell Towers - DAVID VOGELER/IL
5/7/2015 11:51:19 AM (3621 views)
Re: Cell Towers - sharon tornes/MN
5/7/2015 3:27:32 PM (3677 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 7:21:37 AM (3630 views)
Re: Cell Towers - Cynthia Garfold/PA
5/8/2015 9:18:29 AM (3630 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 10:04:33 AM (3506 views)
Re: Cell Towers - Philip Apter/CT
5/11/2015 12:57:55 PM (3368 views)
Re: Cell Towers - Joanie Hahr/VT
5/12/2015 9:48:01 AM (3352 views)
Re: Cell Towers - george Hubka/MI
5/11/2015 12:15:04 PM (3462 views)

Just another typical title searcher complaint! - DAVID VOGELER/IL
5/5/2015 5:16:06 PM (3851 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
5/5/2015 7:02:27 PM (3777 views)
Re: Just another typical title searcher complaint! - Jim A/WV
5/6/2015 8:23:03 AM (3666 views)
Re: Just another typical title searcher complaint! - Cynthia Garfold/PA
5/6/2015 9:15:30 AM (3635 views)
Re: Just another typical title searcher complaint! - Jason Knowles/AL
5/6/2015 10:01:23 AM (3731 views)
Re: Just another typical title searcher complaint! - DAVID VOGELER/IL
5/6/2015 10:23:01 AM (3663 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:53 PM (3022 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:56 PM (3362 views)
Re: Just another typical title searcher complaint! - Joanie Hahr/VT
5/8/2015 7:24:37 AM (3626 views)
Re: Just another typical title searcher complaint! - Kenneth Signor/SC
5/11/2015 6:56:52 AM (3579 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:16 AM (3026 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:20 AM (3132 views)

RELTCO _ Residential Lenders Title Co - Cynthia Garfold/PA
5/4/2015 9:33:54 AM (2915 views)

KENTUCKY LAND TITLE - David Bay/FL
5/4/2015 2:05:19 AM (2929 views)
Re: KENTUCKY LAND TITLE - Mike Dickerson/AL
5/14/2015 4:35:36 PM (3223 views)
Re: KENTUCKY LAND TITLE - george Hubka/MI
5/18/2015 9:41:11 AM (3342 views)

Central Search, Inc - Susan Mueller/WI
5/1/2015 2:31:29 PM (3006 views)
Re: Central Search, Inc - Marte Smith/WI
5/8/2015 9:13:14 AM (3398 views)
Re: Central Search, Inc - Angela Miller/MN
5/11/2015 10:37:11 AM (3230 views)


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