The Title Reporter — Fall 2021

September 28, 2021 | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the effect of a subsequent invalidation of an earlier quiet title judgment only if the third party had no actual – or constructive – knowledge of any defects or irregularities in that judgment.
  • An appellate court in Washington has ruled that purchasers of property that a court ordered to be sold had not acted in good faith given that a lis pendens was still recorded at the time the sale to the purchasers was closed.
  • An appellate court in New York has ruled in favor of five homeowners associations in a dispute centering around the ownership and use of approximately 4,000 feet of oceanfront property in the Town of East Hampton.
  • The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision dismissing as untimely a lawsuit involving a decades-old easement that was filed against the United States by owners of property near Connor, Montana.
  • A court in Virginia has ruled that deeds, instruments of subdivision, and plats did not create an express easement for one property owner to travel from his property across a neighbor’s property and that, as a result, he had no legal right to use his neighbor’s property.

Michael J. Heller, Peter P. McNamara, and Matthew V. Spero

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