My question is does the court have to approve the Duhig ruling?
Hi James,
No, a title examiner will generally apply the Duhig Rules him or herself during the examination process - and may make a comment in the opinion about the examiner's decision to do so. If a party disagrees with this application and can's come to a mutual agreement among all the affected parties (resulting in a Stipulation of Interest), then any affected party can file a lawsuit asking the Court to determine whether the Duhig Rule applies.
Best,
Eric
Thank you for the information Mr. Camp. I have a disagreement with Devon Energy about applying the Duhig rule and the title opinion not being correct. I have talked to them a lot. I will need to get a attorney.