Beginning a pipeline ROW discusion. The company (Bluegrass) wants me to warrant the title. Is this necessary and just how important is this to me?
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Permalink Reply by Mark McGrail on January 12, 2014 at 7:37am Absolutely Not !
Permalink Reply by Jim Litwinowicz on January 12, 2014 at 8:09am Do not warrant the title, that is their job to properly research the title if they want to cross that parcel.
If you warrant the title and 10 or 20 yrs later someone proves they have a legit claim, you could be forced to pay them all of the monies from this contract. Maybe even with interest or additional damages such as legal costs.
Since they are trying this trick, also be sure that they indemnify you in total. Indemnification means that they must not only insure you for potential damages but also cover any legal costs you may incur for any damages resulting from any of their actions.
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