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[+] IF YOU CAN READ THIS , THANK A TEACHER... - Scott Perry/PA (45 replies)
11/11/2006 8:24:57 AM (2188 views)

[+] Hold the Pickles - Hold the Pot - David Bloys/TX (1 reply)
11/10/2006 7:12:16 PM (3049 views)

[+] Pricing issues - Wendi See/SC (29 replies)
11/7/2006 1:12:24 PM (2409 views)

[+] ABSTRACTS USA - LAWANDA  MCMILLIAN/AR (1 reply)
11/6/2006 9:52:45 PM (2189 views)

[+] Coal Abstracts - Christine Sheeler/PA (2 replies)
11/6/2006 9:08:46 AM (2068 views)




[+] Anyone have this problem? - Mike/KS (10 replies)
11/4/2006 6:29:38 PM (2281 views)

[+] A little love going out...Absolute Property Services - Mike/KS (2 replies)
11/4/2006 5:50:32 PM (2088 views)

[-] Surveys - Kevin Ahern/CT (12 replies)
11/4/2006 5:40:35 AM (2016 views)
Re: Surveys - Scott Perry/PA
11/4/2006 8:51:55 AM (2035 views)
Re: Surveys - Kevin Ahern/CT
11/4/2006 9:13:41 AM (2001 views)
Re: Surveys - Robert Franco/OH
11/4/2006 11:00:31 AM (2027 views)

I don't think the surveyors do a title search for location surveys.  I know they do some initial research to find their beginning points and legal descriptions, but I don't think they do enough to discover easements.  I think the only easements they would show on a location survey would be ones that are visible on inspection of the property.  And, had this easement been visible, the owner/builder probably would have noticed.

How 'bout an alternate theory of extinguishment by estoppel.  If the easement wasn't regularly used and the easement owner watched the neighbor constructing a building on the easement property, the easement holder may be estopped from asserting her rights if doing so would cause unreasonable harm to the owner/builder.

Best,
Robert A. Franco
SOURCE OF TITLE

 

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Re: Surveys - Kevin Ahern/CT
11/4/2006 11:44:26 AM (2105 views)
Re: Surveys - Garland Burnett/NM
11/6/2006 11:59:48 PM (1942 views)
Re: Surveys - Robert Franco/OH
11/7/2006 9:27:32 AM (2001 views)
Re: Surveys - Kevin Ahern/CT
11/7/2006 9:45:49 AM (1884 views)
Re: Surveys - Robert Franco/OH
11/7/2006 10:13:49 AM (1928 views)
Re: Surveys - Garland Burnett/NM
11/8/2006 4:54:07 AM (1956 views)
Re: Surveys - Garland Burnett/NM
11/8/2006 5:12:34 AM (1869 views)
Re: Surveys - Kevin Ahern/CT
11/8/2006 6:35:52 AM (1926 views)
Re: Surveys - Garland Burnett/NM
11/8/2006 7:12:49 AM (1931 views)

[+] My Abstractor? - Kurt deVries/FL (13 replies)
11/2/2006 4:31:52 PM (2480 views)

[+] A response to Forbes Mag. on behalf of FLORIDA - Laura Macias/FL (1 reply)
11/2/2006 10:59:46 AM (2019 views)

[+] Less tha 5% of title insurance premium paid out in claims - Slade Smith/OH (7 replies)
11/1/2006 8:24:23 PM (2992 views)

[+] Forbes Mag. says Title Ins. a Big Waste - Pete Kisan/OH (10 replies)
11/1/2006 7:04:44 AM (2375 views)

HAPPY HALLOWEEN - Angelica Schneider/IN
10/31/2006 12:40:16 PM (1712 views)

[+] Contemporary Realty Speaks to Vendors Day - Ted Lannon/MA (37 replies)
10/31/2006 11:52:33 AM (2501 views)

[+] Contemporary Realty - Involuntary Bankruptcy - Rich M/ME (6 replies)
10/30/2006 9:05:07 PM (2312 views)


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