Is the title of the railroad a fee simple or easement?
When dealing with railroad rights of way there are three main questions to answer. Can the title of the railroad be transferred or be sold or is an easement that expires? Is the source of the railroad’s title established? And what are the rights or title of the abutting owner? This video reviews the answers to those questions and discusses the Federal Rails to Trails Act and whether or not that act of Congress converted a simple easement into a perpetual easement that the county or government could use at no cost to them.
Duane H. Wunsch
Fidelity National Title Group, Inc.
- Wisconsin State Counsel for Fidelity National Title Group
- Over 30 years of experience, including searching and examining titles, closing transactions, and handling title insurance claims
- Member of the State Bar of Wisconsin and the Milwaukee Bar Association
- Past President of the Wisconsin Land Title Association
- J.D. degree, Emory University; B.A degree, UW - Madison
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