Laserfiche WebLink
LINDOUIST & VENNUM <br />TITLE OPINION <br />City of Orono <br />September 7, 1982 <br />Page 2 <br />dated August 8, 1960, filed September 20, 1960. This <br />blanket easement may render title unmarketable; if the <br />electric transmission line has been constructed, its <br />location should be defined by a centerline description <br />and a release of all the easement except for the center- <br />line description should be granted to you by Northern <br />States Power Company. <br />4. It cannot be determined from the way this Abstract has <br />been prepared whether or not the subject premises lie <br />entirely within the la:: described at Entry No. 1 and <br />subsequent abstract entries, including Entry No. 44. <br />Both Entry No. 1 and Entry No. 52 (to which the abstract <br />is later certified) commence at the center of Section 3. <br />From there Entry No. 1 first runs west and then north, <br />while Entry No. 52 runs north and then west. Due to the <br />fact sections are not square, it is not possible to determine <br />from the different descriptions if the land at Entry No. <br />52 is entirely within the description of the land at <br />Entry No. 1. I have returned the subject abstract to the <br />abstractor to see if he can make such a certification. <br />If he can, then this is not a problem. If he cannot, then <br />we will have to determine what in fact the problem is. <br />5. A possible overlap of legal descriptions shown in the <br />Mortgage at Book 1795 of Mortgages, page 187, Document No. <br />1662480, filed October 26, 1931 (Entry No. 58) and by <br />the Quit Claim Deed at Book 1753 of Deeds, page 288, <br />Document No. 2454134, filed August 5, 1947 (Entry No. 76). <br />It appears that the description at Entry No. 58 overlaps <br />the subject premises by as much as 15 feet and at Untry <br />No. 76 overlaps the property by something less than 15 feet. <br />If there is an overlap, and its existence can only be <br />confirmed by a survey, then the correction of the overlap <br />problem can be effectuated by either exchanging deeds <br />with the landowners whose land overlaps, or by redescribing <br />the subject premises to a smaller size so that there is <br />no such overlap. <br />6. Title is also subject to the following standard title <br />exceptions which should be reviewed carefully in regard <br />to the real estate described in the foregoing opinion: <br />a. Rights of Persons in Possession. It is not always <br />necessary for persons in actual possession of real <br />estate to file a record of their interest in the <br />property to retain such interest. A prospective <br />purchaser or mortgagee must inquire concerning the <br />rights, if any, of all parties in possession other <br />