| _ Prof. Jonez _ 2007-10-16, 8:25 pm |
|
"Faubillaud" <faubillaud@hotmail.com> wrote in message
news:C33AC6A5.3F20%faubillaud@hotmail.com...
>I have not read anything that has gone before. I answer only your question "
> maybe you could explain how 'includes stream' when read in full context
> means "does not include stream.'"
Does it mean "includes OWNERSHIP of stream" or "includes DIRECT ACCESS to
stream" or "includes VIEW of stream" or "includes EASEMENT to stream" ... etc?
What are the Riparian Rights in your jurisdiction?
In many places in the U$, you can't "own" a stream, creek, river or
other flowing water. You may own the land underneath it, but the water
itself, unless included in separate deeded water rights, is not something
you own. Nor can you divert, damn, consume or otherwise change the
flow of said water toward it's eventual downstream destination without
obtaining permit and permission from the Gov't and/or the water rights owner.
> I take your point that you did not go to law school. I did. In fact I have
> law degrees from 3 countries.
And you were stupid enough to get burned by relying on unverified claims
of an agent of the seller, claims regarding what you assert was
the PRIMARY IMPORTANT element of your purchase?
Are you daft?
>
> The document that lied could "mean" the opposite if and only if it was
> "merged" into a subsequent contract that said (or implied) otherwise, as by
> reference to a survey or the like.
Haven't seen your contract. Many Real Estate contract in the U$A specifically
disclaim any owner/agent claims as to actual dimensions of improvements and
specific property sizes and boundaries, instead referring the prospective
buyer to obtain official surveys of said property.
>
> You may have been, as they say in Boston, "schrod". Or you may have a cause
> of action for fraud or otherwise. But I have addressed only your specific
> question as above.
>
> Good luck. And try to refrain from obscenity. The innocent readers have done
> nothing to offend you.
>
>
> Le 16/10/07 19:40, dans 5A7Ri.1101$HU1.380@trndny07, « jsmithson1 »
> <smithson1@yahoo.com> a écrit :
>
>
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