Feduniak v. Old Republic Nat’l Title Co.

This is an important opinion, for it rejects an estoppel claim even where there has been a highly visible easement violation and where the landowner had no knowledge of the easement due to title search failures.

On summary judgment, the court held for the land trust on all accounts in the landowner breach of contract suit including the 'no tax advice' provision, no express or implied contractual obligation to sign the Form 8283 and no equitable estoppel because land trust had no duty inform landowner.

The NH Supreme Court held that the State had the authority to purchase or acquire more rights than listed in the statutory definition of an agricultural conservation easement, its rejection of the proposed home site was reasonable and the landowner's due process and waiver claims had no merit.

The appellate court reversed the trial court on the collateral estoppel issue, finding that the earlier property tax action did not address the issue of the validity of the easement. However, the appellate court went on to rule for the town based on the statute of limitations defense.