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Comment on "The Many Uses of a Road" - Source of Title/OH
6/1/2015 10:46:48 AM (2213 views)
Problems with Easements run in Both Directions - Donald Petersen/AZ
6/1/2015 10:46:49 AM (6033 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 (2875 views)
Re: NY Searches and tips - MARYANNE PANKER/NY
6/1/2015 9:31:26 AM (3322 views)
Re: NY Searches and tips - mason haas/NY
6/13/2015 7:57:15 AM (2981 views)

Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 4:19:26 PM (2915 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 5:08:26 PM (3582 views)
Re: Jessie Whitaker with Rapid Documents in GA - george Hubka/MI
5/27/2015 6:00:25 PM (3477 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 7:24:30 PM (3542 views)
Re: Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 6:18:51 PM (3538 views)
Re: Jessie Whitaker with Rapid Documents in GA - Amanda Hembree/GA
7/5/2015 7:25:14 PM (3121 views)

Comment on "A $200,000 Cap on a $1.5 Million Policy" - Source of Title/OH
5/25/2015 1:56:13 PM (2608 views)
$200,000 cap limit - edward hartung/OH
5/25/2015 1:56:13 PM (3186 views)
Re: $200,000 cap limit - Slade Smith/OH
5/26/2015 1:05:25 AM (3387 views)

Miami - Dade updates? - Kurt deVries/FL
5/22/2015 3:29:11 PM (2926 views)
Re: Miami - Dade updates? - Ruth Seal/FL
5/26/2015 8:43:48 AM (3234 views)
Re: Miami - Dade updates? - John OConnor/IL
5/26/2015 2:30:25 PM (3152 views)
Re: Miami - Dade updates? - MARC DAVIS/PA
6/28/2015 11:50:37 AM (2978 views)




Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 9:44:19 AM (3968 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/21/2015 2:34:49 PM (4291 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 3:32:35 PM (3965 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Cindy Thomas/NY
5/27/2015 12:39:42 PM (8190 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Marian Severance/PA
5/26/2015 8:04:56 AM (3814 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/26/2015 5:58:51 PM (4266 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 7:57:44 AM (3684 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - george Hubka/MI
5/27/2015 11:29:03 AM (3703 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 2:21:29 PM (3633 views)

Resolutions Title Inc. - Scott Sieja/MI
5/21/2015 8:34:23 AM (4988 views)
Re: Resolutions Title Inc. - Jay Duncan/MO
5/26/2015 7:25:24 PM (3311 views)

Kentucky Land and Title - Mike Dickerson/AL
5/14/2015 4:34:15 PM (3108 views)
Re: Kentucky Land and Title - kevin ahern/CT
5/15/2015 4:36:29 PM (3415 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:19:22 AM (3273 views)
Re: Kentucky Land and Title - Michael Dickerson/AL
5/21/2015 11:31:07 AM (3144 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:46:26 AM (3187 views)
Re: Kentucky Land and Title - David Bay/FL
5/26/2015 6:59:03 AM (3071 views)
Re: Kentucky Land and Title - John Leasure/OR
5/26/2015 10:04:06 AM (3251 views)

Cell Towers - Joanie Hahr/VT
5/7/2015 8:45:54 AM (3251 views)
Re: Cell Towers - DAVID VOGELER/IL
5/7/2015 11:51:19 AM (3559 views)
Re: Cell Towers - sharon tornes/MN
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Re: Cell Towers - Joanie Hahr/VT
5/8/2015 7:21:37 AM (3556 views)
Re: Cell Towers - Cynthia Garfold/PA
5/8/2015 9:18:29 AM (3564 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 10:04:33 AM (3435 views)
Re: Cell Towers - Philip Apter/CT
5/11/2015 12:57:55 PM (3291 views)
Re: Cell Towers - Joanie Hahr/VT
5/12/2015 9:48:01 AM (3290 views)
Re: Cell Towers - george Hubka/MI
5/11/2015 12:15:04 PM (3378 views)

Just another typical title searcher complaint! - DAVID VOGELER/IL
5/5/2015 5:16:06 PM (3843 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
5/5/2015 7:02:27 PM (3716 views)
Re: Just another typical title searcher complaint! - Jim A/WV
5/6/2015 8:23:03 AM (3600 views)
Re: Just another typical title searcher complaint! - Cynthia Garfold/PA
5/6/2015 9:15:30 AM (3551 views)
Re: Just another typical title searcher complaint! - Jason Knowles/AL
5/6/2015 10:01:23 AM (3661 views)
Re: Just another typical title searcher complaint! - DAVID VOGELER/IL
5/6/2015 10:23:01 AM (3588 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:53 PM (2946 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:56 PM (3289 views)
Re: Just another typical title searcher complaint! - Joanie Hahr/VT
5/8/2015 7:24:37 AM (3553 views)
Re: Just another typical title searcher complaint! - Kenneth Signor/SC
5/11/2015 6:56:52 AM (3511 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:16 AM (2953 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:20 AM (3066 views)

RELTCO _ Residential Lenders Title Co - Cynthia Garfold/PA
5/4/2015 9:33:54 AM (2900 views)

KENTUCKY LAND TITLE - David Bay/FL
5/4/2015 2:05:19 AM (2914 views)
Re: KENTUCKY LAND TITLE - Mike Dickerson/AL
5/14/2015 4:35:36 PM (3157 views)
Re: KENTUCKY LAND TITLE - george Hubka/MI
5/18/2015 9:41:11 AM (3269 views)

Central Search, Inc - Susan Mueller/WI
5/1/2015 2:31:29 PM (3000 views)
Re: Central Search, Inc - Marte Smith/WI
5/8/2015 9:13:14 AM (3325 views)
Re: Central Search, Inc - Angela Miller/MN
5/11/2015 10:37:11 AM (3164 views)

Comment on "Negligent Misrepresentation Claims Against Title Insurers" - Source of Title/OH
4/27/2015 11:14:47 AM (2683 views)
Negligent Misrepresentation Claim - Wrong Tactics - Richard Reass/VA
4/27/2015 11:14:47 AM (3303 views)

Rectitude Systems Not Paying and Not Answering Phones - Randi Erickson/MN
4/27/2015 10:32:33 AM (4092 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - jess barker/IL
4/30/2015 1:27:08 PM (3393 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Randi Erickson/MN
4/30/2015 1:36:06 PM (3222 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - jess barker/IL
4/30/2015 1:41:17 PM (3278 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Randi Erickson/MN
4/30/2015 1:55:56 PM (3357 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - jess barker/IL
4/30/2015 2:07:39 PM (3251 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Howard Shipe/FL
4/30/2015 2:12:24 PM (3430 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - george Hubka/MI
5/4/2015 6:54:26 PM (3247 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Eric Reed/WV
5/5/2015 12:55:06 PM (3101 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Howard Shipe/FL
5/5/2015 2:56:26 PM (3090 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Efrain Rodriguez/TX
5/7/2015 10:44:10 AM (3256 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - george Hubka/MI
7/6/2015 5:03:21 PM (2991 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - jess barker/IL
5/7/2015 2:37:23 PM (3226 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Randi Erickson/MN
5/7/2015 2:41:17 PM (3124 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - jess barker/IL
5/7/2015 3:07:16 PM (3181 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Randi Erickson/MN
5/7/2015 3:20:08 PM (3094 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - jess barker/IL
5/7/2015 4:41:27 PM (3257 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - Randi Erickson/MN
5/7/2015 4:44:52 PM (3273 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - jess barker/IL
5/7/2015 5:43:08 PM (3191 views)
Re: Rectitude Systems Not Paying and Not Answering Phones - george Hubka/MI
7/6/2015 5:05:50 PM (2965 views)


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