New-York tribune., 1909-03-10
CASE INVOLVES 100000
WOMAN SUES FOR DOVER.
Court Says Realty Buyer Who Died
Fifteen Years Ago Vas Married.

The many risks involved in nsuring titles TO real
property were revealed last night by Phlhp >.
Dean of the Lawyers Title Insurance and Trust
Company III an address on Title Insurance. de-
ivered at the Real Estate School Of the West SIDE
Young Mems Christian Association No. go west
57th street He said that there was in the courts
an action affecting property valued at over $2U"V'
in which the plaintiff woman, who soughl
10 prove that she the widow of man VINO
years ago owned the property and had oequeatheD
it in his Will to various persons
The man was well known in real estate circles
and for MANY wears prior to his death, fifteen years
ago, was numbered among the largest buyers OF
Manhattan properties for speculative purposes.
In all Of his transactions this man, Mr.. Dean
said. described himself either as being single or
widower. Up TO a few months ago none Oh his
associates in business knew that ne hao hau d
large home on the West Side. in which section oR
the city he was known to large circle OF acguall-
tances old married man.
The plaintiff in this action has already sustained
her contention in of the lower courts "here
she was awarded the sum of $4,000 as her dover
rights in a parcel of land Manhattan Island,
If she is successful in her other actions she VIII
receive between 100000 and Sl50,O00
Mr.. Dean said that the loss involved IN thsse
cases would be met BY 9h9tever btle insurance
companies had written the poll lies guaranteeing
that the grantor of the premises lad vested in him
self complete control of the fee simple of the prop
critics.
Mr.. Dean said that title insurance policy fur
nished no more protection than its various pro-
visions set forth. He also said that every policy
had two divisions. one being known as Schedule
and the other as Schedule B. The first division de-
scribed the location Of the property and under the
second heading was enumerated whatever defects
in the title were foCnG by the examiner, such as
encroachments on adjoining parcels and anything
else which either affected the marketability OF the
property or in any way couded the title
The trouble that he had experienced with owners
never the first division Of the title policy
but always due TO some subdivision of the sec
ond schedule The causes Of dissension he added,
usually arose from a buyer failing to examine care
fully what the company would insure and what
risks it would not take
INSURING REALTY TITLES.
Previous to issuing policy most OF the COM
panies he said sent the prospective buyers what
was known as a report to the condition of the
title and outlining just what kind of policy 1t
would write against the property. The final form
of policy was duplicate of this report. and
by carefully studying the report the prospective
buyer could ascertain some weeks before the date
of closing title as to whether not there existed
ANYTHING that might be considered a defect which
would make the title not quickly salable and
which might furnish him with the legal stand for
not taking over the title.
Mr.. Dean further said that a test case had re-
Gently been brought to determine whether or not
stoops which encroach on street lines affected the
ruarketability Of the title the premises In the
DAYS Of the old Dutch settlers the charter granted
TO them gave the right 10 property owners I" build
their stoops city property New York was
noted for it's long of houses with high stoops
built on property owned by the city. Philadelphia
had only small number Of such houses, and
Boston had practically none
About two years ago the Court Of Appeals handed
down a decision that substantial part OF a
building owned by an Individual could encroach on
any site owned hy the city. This decisi' WIS
rendered In a case brought by a real estate man
70 be relieved OF a contract TO buy hathouse
which was one-half inch in its foundation lines
on an adjoining PLOT Couns[ for the defendant
argued that this half-inch encroachment though
below the curb line could be cut away by mason
in a few hours. IN this decision the court clearly
EXPRESSED Itself holding firmly that the laws re-
Iatina, TO real property one the right even
TO the temporary of city property without the
sanction of the proper officials. Il was this de
cison that made II possible for the Department OF
Public Highways to bring the necessary actions
which will result IN the widening Of Fifth avenue.
bv the removal OF all the street line encroach-
rneuts
The present test case is brought especially 10
decide what rights property owners received un.
der the original charters Of the city.