TITLE INSURANCE: Extinguishment of easement is not a “defect in or lien or encumbrance on the title” for which insurer may be liable… summary judgments granted on similar but different grounds for procurer and insurer… Ortley. [Read more…]
Easement, express by implication survey reference
EASEMENT: 60-foot express easements by implication created by reference to surveys of record, not limited to 10-foot roadbed pursuant to implied or prescriptive easements, extinguishment, or abandonment… Allison. [Read more…]
Easement by necessity, deadlocked parcel
EASEMENT BY NECESSITY found to deadlocked parcel across adjoining land, both parcels originally owned by US at time of severance… Huss. [Read more…]
Order of protection, sua sponte amendment, fees
ORDER OF PROTECTION/EASEMENT: Order of protection improperly amended sua sponte without notice… amendment of injunction complaint to add new easement theories and property owner as Defendant properly denied, summary judgment properly granted based on original complaint… equitable attorney fees properly awarded Plaintiffs… Wheelis affirmed, reversed. [Read more…]
Partition, 1st/2nd wives, title insurance
PARTITION: Summary judgment as to 1/2 interest claimed by 1st wife in property 35 years after divorce and following death of ex-husband precluded by fact issues as to extent of unequal contributions, claim that ex intended her to have 1/2… summary judgment as to 2nd wife’s claim of adverse possession also precluded by fact issues… 2nd wife borrower is not 3rd-party beneficiary of title policy prepared for lender, 3rd-party complaint against title insurer alleging failure to disclose 1st wife’s interest in property dismissed… Tucker. [Read more…]
Title insurance, right of access v. legal right
TITLE INSURANCE: “Right of access” properly not extended to claimed “reasonable expectations” of surveyed & depicted “legal access”… Seeley affirmed. [Read more…]
Title insurance, right of access/legal access
TITLE INSURANCE: Policy adequately insures right of access without insuring that access be based on legal documents establishing an easement… Seeley. [Read more…]
Debt collection/arbitration, settled joint debtor
DEBT COLLECTION/ARBITRATION: Meritorious motion for summary judgment that bank entitled to collect from joint debtor after other debtor settled judgments for part of debt precluded by potentially enforceable arbitration clause if parties request arbitration… Allison. [Read more…]
Foreclosure, family trust loan v. gift
FORECLOSURE: Summary judgment for mortgagee family trust on claim of priority over bank trust deed precluded by disputes as to whether loan was not arms length and was treated as gift and concealed from bank, laches, equitable estoppel… Ortley. [Read more…]
Construction lien, letter of credit “bond”
CONSTRUCTION LIEN: Writ of execution against 3rd-party lot purchasers quashed over claim by contractor that developer’s letter of credit was statutorily deficient as a bond and lien was improperly released… Curtis. [Read more…]