Issue No. 223, May 12, 2021

Look For NEW Events Posted Since The Last Issue!
Iowa Title Guaranty issues bulletin modifying policies
In March, Iowa Title Guaranty issued a March 17, 2021 Bulletin modifying its policies regarding residential pre-lien notices, i.e., Commencement of Work Notices and Preliminary Notices, on residential projects.

Texas Rule Requires Email Contact for All Licensees
The Texas Department of Insurance (TDI) adopted a rule change for 28 TAC 1.1301 & 1.1302 which requires individuals, agencies, and companies regulated by TDI to designate an email address for official communications from TDI. The rule also allows electronic submissions to TDI in most cases where a paper method was previously required.

Download the Sales & Marketing Tools for Success Special Report
Thank you to the FNF Family of Companies for sponsoring this report. Successfully marketing your company is a vital component of business survival.

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim
Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance.

Botanical garden dustup rooted in 139-year-old deed among upcoming Ohio Supreme Court cases
The climate is heated between Cleveland’s botanical garden, which sits in Wade Park, and the heirs of the benefactor who donated the land.

Protecting property against creditors
When an individual declares bankruptcy, the trustee-in-bankruptcy (trustee) may be able to claim, and sell, some of the bankrupt’s assets. The trustee can then use the proceeds from the sale to repay any money owed to creditors. Assets may include, but are not limited to, real estate, vehicles, tools, equipment, furniture, bank balances and lottery winnings.

A Different Lesson in Property Stipulations
The Texas Supreme Court in Concho Resources, Inc. v. Ellison enforced a boundary stipulation involving an unambiguous deed about which there had been no dispute.

New York Court Finds “Occasional Forays” by True Owner is Insufficient to Defeat Adverse Possession Claim
The New York Supreme Court, Nassau County, recently dismissed a motion to quiet title, finding that “occasional forays” by a true owner is insufficient to defeat the exclusivity element of an adverse possession claim where the adverse possessor has alone cared for or improved the property as if it were their own.

Greenberg Traurig Wins Eminent Domain Matter on Issue of First Impression
The SRA took 3.99 acres of land located in Somerville, MA by eminent domain as a “demonstration project” under G. L. c. 121B, § 46(f), which allows redevelopment authorities like the SRA “to develop, test and report methods and techniques and carry out demonstrations for the prevention and elimination of slums and urban blight.” The issue of first impression addressed by the SJC on appeal was whether the broad eminent domain powers granted to redevelopment authorities by G. L. c. 121B, § 11 (d), include demonstration projects under § 46 (f). The SJC concluded that they do.

Names, citizenship of people behind real estate-owning shell companies now searchable by public
As of April 30, 2021, the public is now able to search British Columbia’s Land Owner Transparency Registry—the first-of-its-kind in Canada—to learn the names, home cities and citizenship of people who own B.C. properties via trusts and corporations.

Prominent land case starts 20 years later
After a 20-year delay, a land suit filed by the family of late Cabinet minister Justus ole Tipis against that of former Senior Chief Lerianko ole Ntutu has finally started.

Cyber Threat Forced Alaska Court System Offline
The Alaska Court System was temporarily disconnected most of its operations from the internet after a cybersecurity threat on Saturday, including its website and removing the ability to look up court records.

The U.S. Owes Hawaiians Millions of Dollars Worth of Land. Congress Helped Make Sure the Debt Wasn’t Paid.
In the 1990s, Hawaii’s two elder statesmen — U.S. Sens. Daniel Inouye and Daniel Akaka — were at the forefront of efforts to ensure that the U.S. compensated Native Hawaiians for ancestral lands taken from them over the years

You can now search through 1,500 fascinating historical maps of NYC
You can now search maps from across 450 years of New York City history thanks to the Brooklyn Public Library Center for Brooklyn History, which just launched an online portal you can easily access for free.

Cats Delivering Mail
1879: Reports reached America of experiments conducted in the city of Liege, Belgium to determine if cats could be used to deliver mail. Three dozen cats were said to have been placed in bags and then taken several miles out of the city. They were then released, after a message had been tied to each one. The cats reportedly made it back to their homes in Liege before the humans did.

Belgian farmer accidentally moves French border
A local history enthusiast was walking in the forest when he noticed the stone marking the boundary between the two countries had moved 2.29m (7.5ft).

Lakefront ‘Stair House’ in Idaho’s hottest neighborhood asks $695K, but there’s a catch
An architectural wonder of a lakefront house is up for sale in Coeur D’Alene, Idaho, recently named the hottest housing market in the country by the Wall Street Journal and

Marianne Mathieu, NTP
Vice President/National Agency Accounts
Fidelity National Financial
(347) 987-0677