Casenotes

This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.


05/25/2012 - 12:59pm

Summary: A plat that provides easements for “use by owners and their guests,” does not dedicate those easements to the public, but creates a private easement co-owned by all owners in the subdivision. 

 Altevogt v Brand, 963 NE2d 1146 (Ind. Ct. App., 2012).

Facts:  Owners of front...

05/18/2012 - 2:08pm

Abstract: The Ohio Supreme Court granted the writ of mandamus to compel the Cuyahoga County fiscal officer to provide to relators copies of electronic images of all documents recorded in the Cuyahoga County Recorder's Office.

State ex rel. Data Trace Info. Servs., LLC v Cuyahoga Cty....

05/18/2012 - 11:09am

Summary: Land owners whose property has been taken away by adverse possession cannot take legal title away from the adverse possessors simply by building a new fence on the old boundary line.

Adverse Possession

Engel v Parker, 2012 WI App 18 (Wis Ct App, 2012).

Facts:...

04/30/2012 - 1:25pm

Summary: Where the Real Estate Condition Report and an initial home inspection indicated possible problems with the house, but the buyer chose not to investigate, the buyer cannot later bring claims against the seller when structural defects are found.

Disclosure; Fraud

Dillhyon v...

04/30/2012 - 1:17pm

Summary:  A purchase agreement granting a right of first refusal that was personal to the signatories to the agreement terminated at the death of the last surviving grantor of the right.     

Rights of First Refusal

Ryan v Lawyers Title Insurance Corp., 959 NE2d 870 (Ind Ct App,...

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