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: The theory of common usage and acquiescence was insufficient and unnecessary when the parties' deeds were unambiguous in establishing the boundary line.
Smith v. Donaldson, 347 Wis.2d 550, 2013 WI App 55 (Wis. Ct. App. 2013).
Facts: Frank and Deborah...
Summary: The statutory requirement that a mortgagee complete a form requesting future notice of any possible pending tax sales for properties in which they have a recorded interest is constitutional. It does not place an unreasonable burden on the mortgagee and is the only reasonably certain way...
Summary: Counterclaim to enforce a mechanic's lien was time-barred because it was not filed until after the two-year statute of limitations period, pursuant to Section 9 of Mechanic’s Lien Act.
Go to full opinion.
Bank of New York v. Jurado, 2012 IL App (1st)...
Summary: Homeowner did not have a prescriptive easement on neighbor’s driveway because the neighbor had given the previous owner permission to use the driveway, so the use was not adverse.
Allen v. Woelfel Family Revocable Trust, 348 Wis.2d 764, 2013 WI App 84 (Wis. Ct. App. 2013...
Summary: Error in foreclosure sale purchaser's corporate name, which appeared in the caption of the forcible entry complaint and notice filed by purchaser, was a misnomer and thus correctable through motion to amend.
Go to full opinion.
U.S. Bank Nat. Ass'n v....
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