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Tag Archives: Public Record

Insurance – Title – Real Property – Civil Practice – Statute of Limitations – Corporate Seal – ‘Public Record’ – Statutes & Ordinances – Intracoastal Waterway Property (access required)

Lyons v. Fidelity National Title Insurance Co. (Lawyers Weekly No. 011-112-15, 16 pp.) (Stephanie McDonald, J.) Appealed from Horry County Circuit Court (Paul Burch, J.) S.C. App. Holding: A title insurance company’s placement of its corporate seal on a title ...

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Real Property – Tort/Negligence – Fraud – Public Record — Constructive Notice – Question of Fact (access required)

Moseley v. All Things Possible, Inc. There was a recorded plat which showed an underground surface-water drainage easement running diagonally across the entire length of the undeveloped lot at issue; however, the easement did not appear on any deed in the lot’s chain of title, and the defendant-seller - aware of the plaintiff-buyers’ desire to build a home on the lot - presented the buyers with an altered copy of the plat with the easement removed and a square drawn on the plat indicating where a home could be built. The issue of whether the buyers could reasonably rely on the seller’s misrepresentation was one of fact.

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Real Property – Title Insurance – Exclusion – Spoilage Easement – Building Permit Ban – Public Record (access required)

Whitlock v. Stewart Title Guaranty Co. A title insurance policy’s exclusion for loss resulting from government police power or regulation concerning land use and improvements on the land does not apply “to violations or enforcement of these matters which appear in the public records at Policy Date,” which was Oct. 30, 2006. The exclusion thus does not apply to an Army Corps of Engineer spoilage easement on record since the 1930’s, nor does it apply to a 2003 county resolution which prohibits building permits except to replace existing structures.

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