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Coverage of flowage easement, survey coverage debated in U.S. appellate court
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Court Report
Thursday, January 23, 2014
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In preparation for developing a luxury retirement community, a developer bought survey coverage when it bought title insurance during the purchase of property in Highland Village, Texas. It knew about a flowage easement on the property, but not the extent of the no-building zone encompassed by the easement. After discovering it could not go through with its development plans, the developer filed a claim with its title insurer. The insurer denied the claim and eventually filed suit, seeking a declaration of the parties’ rights and obligations and reformation of the original policy. The case eventually went before the 5th U.S. Circuit Court of Appeals.
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