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Title dispute leads to appellate reversal

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The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.

In Ronald E. Izynski and Linda Izynski v. Chicago Title Insurance Co., No. 45A04-1006-PL-277, the appellate court analyzed a contract dispute arising from a land ownership deal in 2003.
 
Ronald and Linda Izynski bought real estate in Porter County from Charles Ashton, and that property had a 50-foot easement that was publicly recorded but wasn’t reflected in multiple versions of a title commitment issued by Chicago Title Insurance Co. After the Izynskis learned about the easement and bought the property at a reduced price, they sued Chicago Title for breach of contract and negligence. But after a bench trial, the judge found in the title company’s favor.

The appellate panel found the trial court erred by finding the Izynskis were in contractual privity with Chicago Title because of the preliminary title and final policy issued. The trial court found that because Chicago Title and the Izynskis had a contract, no tort claim of negligent misrepresentation was available and they’re left with only contractual remedies. That was an error, the appellate panel determined, because Chicago Title had issued the title documentation to the owner the Izynskis bought the property from and the company didn’t actually have a contract with the Izynskis.

Chicago Title aruged the Izynskis had no breach of contract action because when they agreed to purchase the property, all versions of the title commitment had been issued to prospective buyer McLane and not to the Izynskis. It also argued the Izynskis have no tort remedy because they were in contractual privity with Chicago Title.

“Chicago Title cannot have it both ways,” wrote Judge Melissa May. “As we find there was no privity when the Izynskis agreed to buy the property, we remand for a determination whether the Izynskis have an action for negligent misrepresentation.”

The appellate panel also found the trial court erred in finding that mention of a previous easement from 1972 serves as notice for the 1979 easement at issue.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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