Title Nerds Episode 8 – Finance and Banking

In Title Nerds Episode 8 Riker Danzig
welcomed two professionals from Qualia, a digital real estate
closing platform that is changing the industry. Lyman
Hopper, a long-time title insurance pro, and Tim
Calandro, a senior account executive, spoke with hosts
Michael R. O’Donnell  and
Bethany A. Abele about why title and
escrow companies are turning to digital platforms to better serve
their clients. They explained that, in addition to helping
professionals be more effective and productive in accomplishing the
numerous tasks associated with closings, the all-in-one platform
can make the closing process less stressful by providing automated
property data retrieval and personalized dashboards to track
workflow. They noted that both established title shops and
start-ups are relying more and more on online portals.

Associate Desiree McDonald then joined the
conversation to discuss A Flock of Seagirls LLC v. Walton
County Florida, 7 F.4th 1072 (2021) (not to be confused with
the popular ’80s band A Flock of Seagulls). In A Flock
of Seagirls, the Eleventh Circuit Court of Appeals reversed the
decision of the US District Court for the Northern District of
Florida regarding an easement.  The strip of land in
question was at the heart of eminent domain proceedings back in the
’90s by the State of Florida, resulting in a public access
easement allowing public pedestrian access along the beach on the
Gulf of Mexico. The easement’s stated purpose was to
provide “a way of passage.” The easement also
contained an abandonment clause, which provided that the County
would be deemed to have abandoned the easement if the County
attempted to use the easement “for a purpose not specified
therein.” The Eleventh Circuit Court of Appeals had to
consider whether the abandonment clause of the easement was
triggered when Walton County created an Ordinance allowing the land
to be used for recreational activity (such as sunbathing,
picnicking, swimming, building sandcastles). The Eleventh
Circuit determined that the Ordinance constituted an abandonment of
the easement, noting that “a way of passage” refers to a
locomotive purpose, not a recreational purpose. Further, it
found that, under Florida law, the public’s right to full use
of beaches was not boundless. Therefore, the Court held that
the easement was abandoned, protecting the adjacent beachfront
property from unwelcome recreational activity.

Riker Danzig’s Title Insurance Group also produces a
“Banking, Title Insurance and Real Estate Litigation
Blog,” available here. 

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