Thompson Developers, Inc was selling a piece of undeveloped land ...

[strangeaffliction]

Thompson Developers, Inc was selling a piece of undeveloped land to Williamson Builders. Third Escrow, Inc was the escrow agent for the transaction. The escrow instructions required Thompson to remove all mechanics' liens before closing. When Third Escrow ran the title search, it discovered 3 mechanics' liens for 129; 250 and 79 respectively. Thompson assures Third it will pay the lien holders. Can Third Escrow close based on the assurances?

Question 2

The Zuni Indians, as part of their religion, make a periodic pilgrimage at the time of the summer solstice, on foot or horseback, from their reservation in northwest New Mexico to the mountain area the tribe calls Kohlu/wala:wa, which is in northeast Arizona. The Zuni believe Kohlu/wala:wa is their place of origin, the basis for their religious life, and the home of their dead. The pilgrimage has occurred since the fifteenth century. The pilgrimage crossed over the rather large landholdings of Earl Platt. In 1985, Mr. Platt declared that he was going to prohibit the Zuni from crossing his lands during their pilgrimage. The United States government intervened in the dispute on behalf of the Zuni. A woman from St. Johns, Arizona (located in the northeast part of the state), has testified that she remembers watching the pilgrimage as a girl in 1938. Can Mr. Platt stop the Zuni? Do the Zuni have any rights? U.S. on Behalf of Zuni Tribe of New Mexico v. Platt, 730 F.Supp. 318 (D. Ariz. 1990).

[Qarqy]

Answer to Question 1

No; not without violating its duties. It must have the liens removed according to the instructions. Cannot violate restrictions.

Answer to Question 2

They have not acquired an easement because the use was not continuous for purposes of prescription rights.

[strangeaffliction]

Gracias!

[Perkypinki]

Thanks for the timely response, appreciate it