I would really like to know what "law" they are referring to. It would be very odd for a law to specify what should be included in a search like that. It would be possible that some court ruled that such a missed utility lien, even one unrecorded, encumbered the property, which would make it prudent to check them. However, if there is no public record of the lien, I can't really see how that would be the abstractor's fault. In my opinion, it would be strange for something that is not a part of the public records to be considered a lien because there would be no notice to third-parties. Maybe there is something quirky in the Florida law that creates a statutory lien for unpaid utilities, regardless of filing.
I don't know about Florida, but in Ohio we have Ohio Title Standards promulgated by the Ohio State Bar Association. I would start by looking for something similar in Florida.
This does present a good example of why it is so important to use good, local, knowledgeable title abstractors. Though I would be the first to admit that there are many abstractors that are unfamiliar with their local title standards and real estate law, clearly it is important for abstractors to understand what their responsibilities are.
Best,
Robert A. Franco
SOURCE OF TITLE
to post a reply:
login - or -
register