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RELTCO _ Residential Lenders Title Co - Cynthia Garfold/PA
6/8/2015 8:19:22 AM (1958 views)

Optivate Solutions - Randi Erickson/MN
6/5/2015 9:36:27 AM (2464 views)
Re: Optivate Solutions - george Hubka/MI
6/15/2015 7:38:27 AM (1479 views)
Re: Optivate Solutions - SALLY BURSETH/WI
6/19/2015 2:59:50 PM (1408 views)

titleprep aka gobal data source - cynthia hoffman/PA
6/2/2015 6:17:38 PM (2680 views)
Re: titleprep aka gobal data source - Constance Foye/VA
6/8/2015 2:30:30 PM (1771 views)
Re: titleprep aka gobal data source - Susan Raynard/MA
6/15/2015 7:56:13 AM (1483 views)
Re: titleprep aka gobal data source - george Hubka/MI
6/16/2015 10:59:12 PM (1463 views)
Re: titleprep aka gobal data source - MARC DAVIS/PA
6/28/2015 11:52:34 AM (1359 views)
Re: titleprep aka gobal data source - Andrew Veliuona/MD
12/3/2015 10:40:54 AM (1134 views)
Re: titleprep aka gobal data source - Andrew Veliuona/MD
12/3/2015 10:39:40 AM (1165 views)
Re: titleprep aka gobal data source - Dan Zook/NY
1/26/2016 12:25:00 PM (1096 views)

Warrn and Smith - Scott Sieja/MI
6/2/2015 11:18:22 AM (1785 views)

Ryco Information Services, Inc - Scott Sieja/MI
6/2/2015 11:15:29 AM (2539 views)
Re: Ryco Information Services, Inc - Ryan Thorpe/NY
6/2/2015 12:50:51 PM (1949 views)
Re: Ryco Information Services, Inc - Alan Willmes, Esq/NY
6/2/2015 12:53:51 PM (1828 views)
Re: Ryco Information Services, Inc - Lu Rivera/PA
6/8/2015 4:15:48 AM (1682 views)
Re: Ryco Information Services, Inc - Rita Killary/NY
6/8/2015 8:38:21 AM (1990 views)
Re: Ryco Information Services, Inc - Steve Vinciguerra/NY
6/8/2015 12:57:11 PM (1667 views)
Re: Ryco Information Services, Inc - george Hubka/MI
6/15/2015 7:46:06 AM (1393 views)
Re: Ryco Information Services, Inc - Lu Rivera/PA
6/22/2015 1:25:04 PM (1502 views)


Real Title Services


non payers and slow payers - Joan Newport/NE
6/1/2015 8:55:26 PM (2510 views)
Re: non payers and slow payers - David Kossman/MO
6/2/2015 11:16:57 AM (1811 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:48:32 AM (1392 views)
Re: non payers and slow payers - David Kossman/MO
6/16/2015 8:56:26 AM (1337 views)
Re: non payers and slow payers - rod hefner/KS
6/16/2015 1:55:43 PM (1227 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:02:44 PM (1311 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:45:57 PM (1299 views)
Re: non payers and slow payers - mollie cardell/SC
6/15/2015 9:20:45 AM (1247 views)

non payers and slow payers - Joan Newport/NE
6/1/2015 8:10:16 PM (2355 views)
Re: non payers and slow payers - Victoria Moate/NJ
6/8/2015 9:54:34 AM (1394 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:50:34 AM (1119 views)
Re: non payers and slow payers - Jeanne  Herman/FL
6/15/2015 12:19:50 PM (1233 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:08:10 PM (1178 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:48:11 PM (1063 views)

K.K. Title and Escrow, Inc???? - R Braun/VA
6/1/2015 12:25:37 PM (4043 views)
Re: K.K. Title and Escrow, Inc???? - Amber Townsend/MD
8/17/2015 9:09:20 AM (999 views)

Comment on "The Many Uses of a Road" - Source of Title/OH
6/1/2015 10:46:48 AM (1703 views)
Problems with Easements run in Both Directions - Donald Petersen/AZ
6/1/2015 10:46:49 AM (3801 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 (2354 views)
Re: NY Searches and tips - MARYANNE PANKER/NY
6/1/2015 9:31:26 AM (1444 views)
Re: NY Searches and tips - mason haas/NY
6/13/2015 7:57:15 AM (1171 views)

Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 4:19:26 PM (2357 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 5:08:26 PM (1595 views)
Re: Jessie Whitaker with Rapid Documents in GA - george Hubka/MI
5/27/2015 6:00:25 PM (1596 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 7:24:30 PM (1691 views)
Re: Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 6:18:51 PM (1739 views)
Re: Jessie Whitaker with Rapid Documents in GA - Amanda Hembree/GA
7/5/2015 7:25:14 PM (1234 views)

Comment on "A $200,000 Cap on a $1.5 Million Policy" - Source of Title/OH
5/25/2015 1:56:13 PM (1996 views)
$200,000 cap limit - edward hartung/OH
5/25/2015 1:56:13 PM (1388 views)
Re: $200,000 cap limit - Slade Smith/OH
5/26/2015 1:05:25 AM (1476 views)

Miami - Dade updates? - Kurt deVries/FL
5/22/2015 3:29:11 PM (2356 views)
Re: Miami - Dade updates? - Ruth Seal/FL
5/26/2015 8:43:48 AM (1453 views)
Re: Miami - Dade updates? - John OConnor/IL
5/26/2015 2:30:25 PM (1369 views)
Re: Miami - Dade updates? - MARC DAVIS/PA
6/28/2015 11:50:37 AM (1174 views)

Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 9:44:19 AM (3411 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/21/2015 2:34:49 PM (2337 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 3:32:35 PM (2104 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Cindy Thomas/NY
5/27/2015 12:39:42 PM (6105 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Marian Severance/PA
5/26/2015 8:04:56 AM (1957 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/26/2015 5:58:51 PM (2319 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 7:57:44 AM (1821 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - george Hubka/MI
5/27/2015 11:29:03 AM (1876 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 2:21:29 PM (1813 views)

Resolutions Title Inc. - Scott Sieja/MI
5/21/2015 8:34:23 AM (4325 views)
Re: Resolutions Title Inc. - Jay Duncan/MO
5/26/2015 7:25:24 PM (1481 views)


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