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.
Summary: An adverse possession claim must show substantial compliance with the elements of control, intent, notice, and payment of taxes for a period of ten years.
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Flick v. Reuter, 5 N.E.3d 372 (Ind. Ct. App. 2014), rehearing denied.
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Summary: A special warranty deed limits the liability of the grantor to the encumbrances that the grantor creates and not to the encumbrances by previous title owners.
Chicago Title Insurance Co. v. Aurora Loan Services, LLC, 2013 IL App (1st) 123510.
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Summary: The exclusivity element required in adverse possession and prescriptive easements are not one in the same. The former requires that title be divested, while the latter limits the title owner from divesting a party from using it for an intended purpose.
Nationwide...
Summary: Buyers failed to set forth a mutual-mistake claim regarding a home purchase because they lacked evidence that the sales contract guaranteed them a defect-free home.
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Ivancevic v. Reagan, 2013 WI App 121, 351 Wis. 2d 138, 839 N.W.2d 416...
Summary: Abandonment does not divest the fee simple owner of legal title to the property such that a third party could acquire it by merely taking possession and making improvements.
Countrywide Home Loans, Inc. v. Holland, 993 N.E.2d 184 (Ind. Ct. App. 2013).
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