Lick Mill Creek Apartments V Chicago Title

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Rosenberg for Defendants and Respondents. However, because the subdivider had not complied with various local ordinances regarding subdivision of land, the city would not issue building permits until the plaintiff complied with the ordinances. Faught, Cal. We disagree. The Nature of Title Insurance. Although no lien had been recorded or asserted at the time the title insurance policies were issued, plaintiffs contend the presence of hazardous substances on the property constituted an encumbrance on title.

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Rosenberg for Defendants and Respondents. Barrows Fla. What plaintiffs ignore, however, is the fact that the court made this reference only in the context of examining an alleged defect in title. Relying on Hocking v. June 17, Here, by contrast, the Partiellys had a quiet title claim presupposing that they currently held legal title to a 9. Where a property is contaminated with hazardous substances, a subsequent owner of the property may be held fully responsible for the financial costs of cleaning up the contamination. Following their purchase of the property, plaintiffs incurred costs for removal and clean-up of the hazardous substances in order "to mitigate plaintiffs' damages and avoid costs of compliance with government mandate.

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Berendsen Cal. Rosen v. Bar Supp. Filed: June 17th, Here the policy insures against "unmarketability of title. City of Saratoga, Anderson 52 Cal. We first note that the American Title court interpreted "encumbrance" as any right to or interest in land, not the condition of the land itself.

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Lick Mill Creek Apartments v. Chicago Title Insurance Co.

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