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non payers and slow payers - Joan Newport/NE
6/1/2015 8:55:26 PM (2932 views)
Re: non payers and slow payers - David Kossman/MO
6/2/2015 11:16:57 AM (3206 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:48:32 AM (2774 views)
Re: non payers and slow payers - David Kossman/MO
6/16/2015 8:56:26 AM (2717 views)
Re: non payers and slow payers - rod hefner/KS
6/16/2015 1:55:43 PM (2573 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:02:44 PM (2709 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:45:57 PM (2674 views)
Re: non payers and slow payers - mollie cardell/SC
6/15/2015 9:20:45 AM (2623 views)

non payers and slow payers - Joan Newport/NE
6/1/2015 8:10:16 PM (2816 views)
Re: non payers and slow payers - Victoria Moate/NJ
6/8/2015 9:54:34 AM (2769 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:50:34 AM (2487 views)
Re: non payers and slow payers - Jeanne  Herman/FL
6/15/2015 12:19:50 PM (2592 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:08:10 PM (2564 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:48:11 PM (2488 views)

K.K. Title and Escrow, Inc???? - R Braun/VA
6/1/2015 12:25:37 PM (4507 views)
Re: K.K. Title and Escrow, Inc???? - Amber Townsend/MD
8/17/2015 9:09:20 AM (2413 views)

Comment on "The Many Uses of a Road" - Source of Title/OH
6/1/2015 10:46:48 AM (2146 views)
Problems with Easements run in Both Directions - Donald Petersen/AZ
6/1/2015 10:46:49 AM (5577 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 (2802 views)
Re: NY Searches and tips - MARYANNE PANKER/NY
6/1/2015 9:31:26 AM (2919 views)
Re: NY Searches and tips - mason haas/NY
6/13/2015 7:57:15 AM (2596 views)




Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 4:19:26 PM (2838 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 5:08:26 PM (3193 views)
Re: Jessie Whitaker with Rapid Documents in GA - george Hubka/MI
5/27/2015 6:00:25 PM (3119 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 7:24:30 PM (3181 views)
Re: Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 6:18:51 PM (3185 views)
Re: Jessie Whitaker with Rapid Documents in GA - Amanda Hembree/GA
7/5/2015 7:25:14 PM (2767 views)

Comment on "A $200,000 Cap on a $1.5 Million Policy" - Source of Title/OH
5/25/2015 1:56:13 PM (2519 views)
$200,000 cap limit - edward hartung/OH
5/25/2015 1:56:13 PM (2824 views)
Re: $200,000 cap limit - Slade Smith/OH
5/26/2015 1:05:25 AM (3013 views)

Miami - Dade updates? - Kurt deVries/FL
5/22/2015 3:29:11 PM (2847 views)
Re: Miami - Dade updates? - Ruth Seal/FL
5/26/2015 8:43:48 AM (2898 views)
Re: Miami - Dade updates? - John OConnor/IL
5/26/2015 2:30:25 PM (2790 views)
Re: Miami - Dade updates? - MARC DAVIS/PA
6/28/2015 11:50:37 AM (2603 views)

Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 9:44:19 AM (3892 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/21/2015 2:34:49 PM (3913 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 3:32:35 PM (3610 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Cindy Thomas/NY
5/27/2015 12:39:42 PM (7755 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Marian Severance/PA
5/26/2015 8:04:56 AM (3442 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/26/2015 5:58:51 PM (3897 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 7:57:44 AM (3318 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - george Hubka/MI
5/27/2015 11:29:03 AM (3374 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 2:21:29 PM (3277 views)

Resolutions Title Inc. - Scott Sieja/MI
5/21/2015 8:34:23 AM (4886 views)
Re: Resolutions Title Inc. - Jay Duncan/MO
5/26/2015 7:25:24 PM (2933 views)

Kentucky Land and Title - Mike Dickerson/AL
5/14/2015 4:34:15 PM (3026 views)
Re: Kentucky Land and Title - kevin ahern/CT
5/15/2015 4:36:29 PM (3053 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:19:22 AM (2931 views)
Re: Kentucky Land and Title - Michael Dickerson/AL
5/21/2015 11:31:07 AM (2770 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:46:26 AM (2827 views)
Re: Kentucky Land and Title - David Bay/FL
5/26/2015 6:59:03 AM (2696 views)
Re: Kentucky Land and Title - John Leasure/OR
5/26/2015 10:04:06 AM (2897 views)

Cell Towers - Joanie Hahr/VT
5/7/2015 8:45:54 AM (3159 views)
Re: Cell Towers - DAVID VOGELER/IL
5/7/2015 11:51:19 AM (3208 views)
Re: Cell Towers - sharon tornes/MN
5/7/2015 3:27:32 PM (3221 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 7:21:37 AM (3175 views)
Re: Cell Towers - Cynthia Garfold/PA
5/8/2015 9:18:29 AM (3204 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 10:04:33 AM (3072 views)
Re: Cell Towers - Philip Apter/CT
5/11/2015 12:57:55 PM (2917 views)
Re: Cell Towers - Joanie Hahr/VT
5/12/2015 9:48:01 AM (2931 views)
Re: Cell Towers - george Hubka/MI
5/11/2015 12:15:04 PM (3007 views)

Just another typical title searcher complaint! - DAVID VOGELER/IL
5/5/2015 5:16:06 PM (3758 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
5/5/2015 7:02:27 PM (3316 views)
Re: Just another typical title searcher complaint! - Jim A/WV
5/6/2015 8:23:03 AM (3223 views)
Re: Just another typical title searcher complaint! - Cynthia Garfold/PA
5/6/2015 9:15:30 AM (3138 views)
Re: Just another typical title searcher complaint! - Jason Knowles/AL
5/6/2015 10:01:23 AM (3268 views)
Re: Just another typical title searcher complaint! - DAVID VOGELER/IL
5/6/2015 10:23:01 AM (3203 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:53 PM (2562 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:56 PM (2863 views)
Re: Just another typical title searcher complaint! - Joanie Hahr/VT
5/8/2015 7:24:37 AM (3160 views)
Re: Just another typical title searcher complaint! - Kenneth Signor/SC
5/11/2015 6:56:52 AM (3137 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:16 AM (2553 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:20 AM (2658 views)

RELTCO _ Residential Lenders Title Co - Cynthia Garfold/PA
5/4/2015 9:33:54 AM (2816 views)

KENTUCKY LAND TITLE - David Bay/FL
5/4/2015 2:05:19 AM (2813 views)
Re: KENTUCKY LAND TITLE - Mike Dickerson/AL
5/14/2015 4:35:36 PM (2772 views)
Re: KENTUCKY LAND TITLE - george Hubka/MI
5/18/2015 9:41:11 AM (2860 views)


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