![]() ![]() ![]() ![]() “Beware” translates to “read the document carefully and thoroughly”.Here, 115 years later, if that was the intent it didn’t work. Railroads in the early part of the last century had a propensity to present documents that looked like easements but were really deeds in fee simple. Beware of ancient title documents, in particular a “Right of Way Deed”.I doesn’t matter whether you are issuing checks based on ownership or convincing the court of your righteousness. Is your assignment to determine the intent of the parties in a document? Consider it as a whole don’t cherry pick phrases and read them in isolation.There’s more to the case than an analysis of particular language in one sui generis contract. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. ![]()
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