White Paper

4 Pages
  • 4 Pages

Curing Title Exceptions - Railroad Rights of Way


Fee simple or easement?

The vast majority of real estate titles held by individuals and entities, private and public, consist of estates in fee simple, which by definition, are freely transferable by the owner or holder thereof. In most real estate transactions, the question of whether the title to the property that is the subject of purchase agreement negotiations between a prospective buyer and seller is transferable does not arise. However, in the event that the estate or interest of the seller is an easement or a fee simple determinable, which is limited to certain purposes, such as that of railroad right of way or right of flood control by operation of a dam, the interest will be non-transferable to a purchaser that commences a use that is not within the original scope of the grant. This white paper reviews the risk to the purchaser of such interests and discusses how the prospective purchaser satisfies itself before entering into the purchase agreement.



Duane H. Wunsch

Duane H. Wunsch

Fidelity National Title Group, Inc.

  • Vice president and state counsel for Fidelity National Title Group, Inc.’s Wisconsin office
  • 30 years of experience as in-house underwriting and claims counsel
  • Frequent lecturer to both attorney and non-attorney customer groups
  • Regularly conducts training sessions for title and escrow staff
  • J.D. degree, Emory University; B.A. degree, University of Wisconsin-Madison
  • Can be contacted at 262-796-3852 or [email protected]

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