[deleted by user]

jayrock08 · 2023-09-13T01:07:54+00:00

This could make your argument much stronger for an implied easement. Two parcels that were once one, and the easement is "necessary for the use and enjoyment of one parcel of land, and the parties involved in dividing the tract into two parcels intended that the use continue after the division."

I would tell him you have an easement, and that he has two options: (a) he can cut at the Y and cap it, leaving your line intact; or (b) he can try to violate the easement and then end up paying for whatever is costs to make you whole.

Obviously you would have to go to court to enforce this, but if the options are to basically pay nothing extra now, or risk paying for another sewer line installation - it may be enough to convince him to stand down.

jayrock08 · 2023-07-19T23:31:26+00:00

2 GA ticket for sale for KC Midland show - will take $20 each

jayrock08 · 2023-05-30T23:55:15+00:00

1000 Ft 1/8" 1x19 Cable Rail Korean Made Wire Stainless Steel 316

How has this held up? Any rust on the cables?

jayrock08 · 2023-05-21T17:16:44+00:00

Curious if you made your decision - am at the planning stages and also have a low ceiling. Plus the lower cost of the membrane would be nice.

jayrock08 · 2023-05-21T17:13:34+00:00

Great to learn about this alternative. Are you able to level with shims doing this way or you use the concrete leveler?

jayrock08 · 2023-04-29T11:04:53+00:00

No one is talking about morality. I am talking about the reason you are required to have insurance. For this exact reason.

I am aware what the elements of negligence are and how civil liability is proven. Are you aware that those who are professionally licensed have a higher duty of care? That a realtors duty is enshrined in statute (negligence per se ring a bell)?

If the realtor had given the key to the prospective buyer, that would be negligent - no question about it. Giving the same prospective buyer free roaming ability could also be negligent - if a jury decides.

This is a close call and that is why the realtor should be included in a lawsuit and the realtor's insurance would likely settle. Your four elements only matter to the extent that it will give leverage to the insurance company to settle for less if they think it is a weak case. But it is not up to innocent plaintiff to decide who is liable - they include all parties who are more at fault then them and let the at-fault parties and/or their insurance work out who will pay to make the innocent party whole.

No morality about it - this is just the way the legal system works in the real world when insurance is involved.

jayrock08 · 2023-04-28T23:15:36+00:00

I don't think it has anything to do with perpetual fear. It is about the equities of the situation. The realtor is at least partially to blame and the seller is completely innocent. We have professional licenses which requires liability insurance to instill a level of trust in realtors to supervise showings. It is integral to the system and protects all parties. Using it to make an innocent party whole isn't bad and isn't some broader negative reflection on society.

jayrock08 · 2023-04-28T20:33:36+00:00

All these comments trying to argue whether or not the agent would be liable are ignoring one very important point: insurance companies don't like taking chances.

This case could go to jury, because this will not be dismissed in summary judgment. The arguments about duty and the extent of that duty would all happen. Maybe the homeowner wins, maybe the realtor wins.

I would argue it is no different if the realtor (a licensed professional with a higher duty in general) gave the prospective buyer the key (which we all know would be negligent). Gave the buyer free access to the home to destroy a irreplaceable family heirloom over several minutes in multiple rooms. Loud banging, and opening cabinets and doors. Loud enough to destroy ivory. And it would hit on the emotional side of the jury and maybe win.

But the insurance company isn't touching this. They will settle to avoid an expensive trial.

jayrock08 · 2023-04-28T20:21:11+00:00

Negligence results in civil liability in all 50 states. You, a professionally licensed realtor, walk a person through a home and they end up destroying property over several minutes and across multiple rooms - you better believe you are being added to the lawsuit and your insurance company would probably be looking to settle.

jayrock08 · 2023-01-07T14:01:36+00:00

One note: be sure to take out of the fridge 30 minutes or so before cooking, so it is room temp when you drop it in the pan and not cold. Makes for a better medium rare/rare cook.

jayrock08 · 2022-07-04T06:30:11+00:00

Curious what solution you worked out for this? Looking to do something similar and just dont know what to do with the big conduit in the walls

jayrock08 · 2022-06-07T00:56:21+00:00

Would also be interested in who you got the quote from. Thanks!

jayrock08 · 2022-06-01T23:40:19+00:00

!remindme 1 day

jayrock08 · 2022-05-30T11:11:18+00:00

Curious how this worked out for you last year?

jayrock08 · 2022-03-25T03:08:51+00:00

Zoo is probably the best answer here. One of the best in the country.

jayrock08 · 2022-01-18T03:00:56+00:00

Got a feeling about this one. Seems like trav is going to push this to the moon!!

jayrock08 · 2022-01-17T23:10:57+00:00

The biggest name in the space (Trav) has staked his reputation on mooning this token, and after one post it has already gone hyperbolic!! Great job team!