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Due diligence error results in $680,000 – 5,000 sq. ft. home built on the wrong lot

Palm Coast, Florida. Photo by Bob Koslow/Daytona Beach News-Journal. “We are in total disbelief, just amazed this could happen,” said Mark Voss, owner with Brenda Voss, of the luxury home constructed on the wrong property. The Voss’ new home has  five bedrooms, 5.5 baths, ocean views, enviable amenities such as a theater and game-room, but […]

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“Locating property lines without the assistance of a Surveyor” is a Bad Idea

I spend a significant portion of my energies warning people about this. It’s all I can do. The Knoxville News Sentinel reports that the City of Oak Ridge is suing two men for $50,000 in damages for cutting trees that did not belong to them after they “located the property lines without the assistance of […]

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2011 ALTA/ACSM Land Title Survey Standards Released

The new 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys will be effective on February 23, 2011. The 2011 Minimum Standards represent the latest and 8th version of the Standards which were last revised in 2005. It is also the first major rewrite of the Standards since their initial adoption in 1962. The […]

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Survey Affidavit Of No Change

At real estate closings, it has become prevailing practice for sellers to sign, and buyers to accept a “Survey Affidavit Of No Change.” This practice may saddle both buyer and seller with more liability than they realize. The practice transfers liability from a professional surveyor to unqualified parties. Read this article for an in-depth look […]

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Eminent Domain bills

These Eminent Domain bills were sponsored by my State Senator (Rand McNally) and State Representative (Bill Dunn) in 2009: SB0521 / HB1771 Eminent Domain – As introduced, requires county and municipal legislative bodies to approve the exercise of eminent domain by two-thirds vote prior to any property being condemned and taken by such bodies. SB0522 […]

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Three Rivers Market

We just completed a survey of Three Rivers Market on Broadway. There was a question about tree ownership. Tree ownership questions are always interesting. Unless a tree is wholly located on one property, the tree is owned jointly (in Tennessee). Ownership of a boundary-line tree — and thus responsibility for the tree — is shared […]

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U.N. once flirted with property rights, demurred

That was a long time ago. I suppose dictators and property rights, like oil and water, just don’t mix. In 1948, property rights got their own article in the United Nations’ Universal Declaration of Human Rights (”No one shall be arbitrarily deprived of his property”). But when they finally got around to turning the declaration […]

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Will City-Slicker Chickens find Home in Knoxville?

We’ll soon find out. A meeting to discuss a proposed city ordinance allowing the raising of a limited number of hens on Knoxville properties is scheduled for Monday, Jan. 10 at Lawson-McGhee Public Library from 2-4 pm. The initiative is spearheaded by the Knoxville Urban Hen Coalition. Knoxville Urban Hen Coalition mission: A growing number […]

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It’s the old ‘Redefining Blight’ trick

Neighborhood blight, as properly understood, looks like this: It is not difficult to comprehend. ‘Blight’ as redefined by self-serving authoritarian bureaucrats (these particular politicians hailing from Nashville), however, looks more like this: I am happy to report that the lawsuit was settled out-of-court after the Institute for Justice took up the case of Country International […]

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Protecting Private Property, a 45 min. lecture

Richard Epstein, author of Takings: Private Property and the Power of Eminent Domain, speaking at the Hoover Institution. Mr. Epstein is an entertaining and engaging speaker. The 45 minutes go by quickly. It is time well spent. Richard Allen Epstein (born April 17, 1943) is the James Parker Hall Distinguished Service Professor of Law, the […]

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