Perhaps the BEST B1G Forum anywhere, here at College Football Fan Site, CFB51!!!

First of all how could a title company insure against something not in the public records

Second am I wrong to think if its not in the public records chances are that its not enforceable

No - I've seen many examples of unrecorded documents that have been enforced. Your are paying for title insurance. It should cover everything, but they are too lazy to do any research outside of the recorder of deeds office.

And now I have a question on a deed restriction for our resident shysters:

I'm doing an apartment project right now. The City has approved the concept plan, which depicts 8 apartment buildings, each with six units. This is affordable housing, next to a train station (perfect).

Now we are going through the entitlement process, which for me includes the ALTA survey, preliminary plat and preliminary engineering. I just got off the phone with a shyster, who is concerned about this deed restriction. The restriction states:

"No development consisting of more than 7 single family residences will be permitted on the property."

The deed is from 1945.

The shyster will be asking the title company shyster to insure over this restriction, based on the (home rule) City's commitment to rezone the property.

It will be very interesting what is decided here.

I told the shyster to do some research on case laws.

Of course, deed restrictions that include things like not selling to blacks (you'd be surprised how many of these are out there) or other crap like only selling to Germans, are thrown out.


(I'm using shyster as a term of affection, by the way)

Very likely they are dead. The deed lists their ages as being 42 and 45. In 1945.

Botanical garden exhibit right now:

I read over this contract I was offered a few times.  It is evident it requires the publisher to do little while requiring me to part with $3,550.  Not a fan.  I'm going to use Kindle-Amazon to publish myself, I can get a lot of paperbacks for that much money.

I don't expect many sales obviously, it's just for fun, and I don't need to claim I'm a published author.

I am anyway.

Cigars are putrid and gross.  I don't really believe much in sin taxes but if cigars were eradicated from the face of the planet I'd be fine with that.

Cigars are putrid and gross.  I don't really believe much in sin taxes but if cigars were eradicated from the face of the planet I'd be fine with that.

Eh. In California smoking is not allowed in most public spaces, so you shouldn't be exposed to cigar smoke unless you're in a cigar bar, and I'm assuming you don't go to places like that. 

Beyond that, why does it impact you if they exist or not?

Of course they can get real Cubans over the border for like two bucks a pop.

Yeah, I'm sure in Tijuana I can get "real" Cuban cigars... For two bucks a pop...

More than likely you're going to buy Dominican knockoffs that are sold as being real Cubans, and they're going to be $12/ea for cigars that would actually retail for $6/ea in California.