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McDaniel discovered the existence of a utility easement along the eastern edge of his property that was not mentioned in his deed or noted in
McDaniel discovered the existence of a utility easement along the eastern edge of his property that was not mentioned in his deed or noted in his title insurance policy. Because the title insurance policy purported to guarantee McDaniel fee simple ownership, he sued the title insurance company for the reduction in the fair market value of his land caused by the easement. The utility easement is recorded.
- Will McDaniel succeed? Why or why not?
Case Reference: McDaniel v. Lawyers' Title Guaranty Fund, 327 So.2d 852 (Fla. 1976).
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