Easements, Boundaries and Encroachments in the Title Insurance Context
Beginning with a discussion of marketability of title, as established in City of N. Mankato v. Carlstrom, 2 N.W.2d 130, 133 (1942) and Mattson Ridge, LLC v. Clear Rock Title, LLP, 824 N.W. 2d 622, 628 (2012), as a benchmark, we will address easements (including adverse and prescriptive interests pursuant to MN Stat. § 541.02 and Ehle v. Prosser, 197 N.W.2d 458, 462 (1972)), survey matters including boundary discrepancies and defects (as addressed by Daly v. Duwayne Const. Co., 106 N.W.2d 631, 636 (1960)), access problems that commonly arise. We will conclude with encroachments, contested boundaries, variable boundaries, and establishing a boundary by practical location pursuant to Pratt Inv. Co. v. Kennedy, 636 N.W.2d 844, 849 (Minn.App., 2001).
Presented by: Chad Novak
Chad Novak is Underwriting Counsel with Commercial Partners Title in Minneapolis, where he provides underwriting direction and performs risk analysis on commercial real estate transactions on a national scope. He joined the company in 2015, following nine years with a national underwriter where he held positions including national claims counsel, national underwriting counsel and division manager.
He is a licensed attorney in both Minnesota and Wisconsin, and is active in the Minnesota Land Title Association, the Minnesota State Bar Association, the Hennepin County (MN) Bar Association, and several commercial real estate associations, as well as being a regular CLE presenter. Prior to obtaining his law degree from Marquette University Law School, Chad spent several years working as a banker, loan officer and credit manager for two major national financial institutions. He holds a BA in Germanic Languages and Literature from the University of Kansas.
1 CLE Credit has been applied for.
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