Alvarez v. Lynch (Lawyers Weekly No. 001-124-16, 19 pp.) (Thacker, J.) No. 15-1599, July 7, 2016; On Petition for Review; 4th Cir. Holding: The 4th Circuit denies a Bolivian citizen’s petition for review of a decision that he is ineligible ...

Tagged with: Public Record

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 ...

Tagged with: Public Record

COLUMBIA— Proposals aimed at ending governmental abuses of the state’s open records law advanced Wednesday in the South Carolina House. Legislation sent to the full House Judiciary Committee would require government entities to respond more quickly to requests, bar them ...

Tagged with: Freedom of Information Act Public Record South Carolina House of Representatives

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.

Tagged with: Constructive Notice Fraud Public Record Real Property Tort/Negligence

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.

Tagged with: Exclusion Public Record Real Property title insurance