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ExIsle Explodes!!!

Oh, I worked for attorneys for many, many years. You don't want to know my views on them. Now I work for judges -- they are much nicer.
 
eloisel said:
Not necessarily. The power company isn't a government agency. The easement can be taken by eminent domain by a gov't agency for use as a ROW for the utility. But, there can be easements created for other purposes besides utility and access - could create one to keep people from living in an unsafe area, or to protect flora and fauna. Generally, the ROW/utility easement would have been created in the subdivision plat. And, true, neither the title company nor the property owner might want to press the issue as they could lose the benefit of the utility. However, if a power line was buried under one's backyard, it wasn't listed in the deed records, and it was only discovered when the owners were installing a swimming pool, then the title policy company would have to pay for the damages (such as a worker slicing into that power line) and reimburse the property owners for their loss of value on the property. I'd be happy to sell it to the baker but I don't think I can as I think it remains attached to the servient estate.
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I have a slightly different view. If the easement was in fact not recorded, would not the utility as the dominant party of the easement bear some of the blame due to the lack of recordation??
 
DarthSikle said:
I have a slightly different view. If the easement was in fact not recorded, would not the utility as the dominant party of the easement bear some of the blame due to the lack of recordation??
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Probably - but that would be a settlement or lawsuit for the title company to handle because they'd be indemnifying the property owner.
 
One of the lawyers I worked for many moons ago in domestic law is now a judge in domestic court. He was a nice guy way back then and I imagine he still is but we don't cross paths anymore.
 
I don't think that is Denise Crosby in my av. The woman in front looks the most like me if I wore my hair that short and was a bit bigger. But, those ladies are at the pool doing what I like to do - jump around, wave my arms, look silly, get some exercise and enjoy being in the water.
 
eloisel said:
Probably - but that would be a settlement or lawsuit for the title company to handle because they'd be indemnifying the property owner.
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Please check tiltle insurance policies. generally they are not liable for unrecorded easements.
 
A Karas said:
I am willing to predict the next one to be suspended from AQG in EI will be......


Grandtheftcow.

Not because I hope he will be, but because of what going on over there. Only time will tell if I am right.
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Holy shit, I was right! I can see the future after all! I better go buy me a lotto ticket!
 
Enkephalen said:
A Karas -- has anyone at EI made any comments to you about being a member here?
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No, why?

I'm not the only one from EI who's come here. I don't see why it would be an issue? Interesting.
 
It's just that you and eloisel came over here looking for trouble, and instead got in trouble at EI.

TK is like a haunted house...the longer you live in it, the stranger and more twisted you become.
 
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