Remembering Doug Karlen

By Robert C. Strybel
Vice President & Senior National Commercial Counsel
Chicago Title Insurance Company, NCS Chicago

I had the pleasure of working with Doug Karlen for the better part of twenty years. I benefitted greatly from his vast title knowledge, his almost encyclopedic memory, and his ability – usually safely within company parameters – of finding creative solutions to the most-complex of title issues.

As much as I valued the insight and expertise he so readily shared, what I cherish most is remembering Doug not just as a colleague or a mentor, but as a friend.

For a number of years – first at Clark Street and later at 10 South LaSalle – Doug was a regular at our lunch table, which featured an ever-evolving cast of underwriters, management and staff. While no one would confuse us with the Algonquin Round Table, we prided ourselves on occasionally solving a world problem or two – even if it only related to the Cubs’ bullpen.

To be sure, there was a steady stream of title talk, but topics ran the gamut: music, sports, history, current events – little was off-limit. (A running joke: “Politics is too divisive. Let’s talk about religion instead.”) I learned of Doug’s passion for classical music and opera – he was a regular at the Lyric, and would share his thoughts and critiques on the latest performances. Would that his appreciation rubbed off on me; after I butchered the operatic origins of the musical “Rent,” I was lucky not to be banished.

As was Doug’s way, he rarely sought to be the center of attention. Instead, like the good teacher that he was, Doug often would get the discussion started simply by throwing out a question - “So … what’s this I’m reading about a new court case/news story/title memo?” – knowing the table would run with it.

Speaking of memos: the lunch room also was where I was introduced to Doug’s prescience in handling memos and bulletins.  “The Karlen Rule” dictated that such missives should be held from distribution for three days, in anticipation of receipt of the inevitable revision.

Doug had a sharp sense of humor; dry, occasionally biting, but never offensive. This also was reflected in his writing – thoughtful and detailed, but with enough wit to keep a reader’s attention. “Title Granny” is pure Doug: who else could deliver such a concise synopsis of title insurance in such an amusing manner? That was Doug’s gift – the ability to explain the arcane (and frequently mundane) in a way even his Bubbe could understand.

Doug’s writing skills also made him an excellent sounding-board for my own efforts. I had the good fortune of co-authorizing a paper with him – admittedly more his work than mine – and his comments to my input were detailed and constructive.

That Doug could accomplish all this, despite his nearly life-long low vision, speaks volumes of his determination. For those who only knew Doug from emails and phone calls, you may never have known the efforts he put in to simply reading a title report or a court case. And that was how Doug wanted it – he refused to be defined or limited by his disability.

At his retirement dinner last year, Doug urged those gathered to be compassionate, and generous with both time and knowledge – to be a “mensch;” that is, a good human being. In word and in deed, Doug was a true mensch – and there’s no need to wait three days for everyone to know that.

Easements 101

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Easements may burden or benefit a parcel of real estate. In either event, easements may affect the value and use of the land. For this reason, it is important to consider whether the property is either burdened or benefitted by an easement. This article will discuss the different types of easements and the ways in which easements can be created and terminated; it will also discuss title company requirements for insuring easements.

An easement is a right acquired by a landowner to use the land of another for a special purpose.  This right may be for such purposes as access, driveway, party wall, drainage, public utilities and other purposes. Easements are divided into 2 general categories: an appurtenant easement or an easement in gross.

An appurtenant easement operates for the benefit of one tract of land and burdens another, usually adjoining tract. Thus, there must be two tracts of land owned by different parties, that is, a separation of title. The benefitted parcel is referred to as the dominant estate (or dominant tenement), and the burdened parcel is referred to as the servient estate (or servient tenement). Because an appurtenant easement is regarded as being so closely connected to the dominant tenement, it is regarded as “running with the land”. This means that once the easement has been properly created, the easement will pass upon a conveyance of the dominant tenement to the grantee of the deed, even if the deed does not mention it.

An easement in gross does not specifically benefit another parcel of land. It runs in favor of a party who does not own the property adjoining the easement. A utility easement given to a utility company such as the phone, gas, cable or electrical company is the most common type of easement in gross. Easements in gross may not be considered interests in real property; they are generally not insured by title companies.

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Karlen’s Korner Special Edition: A Bleachers Story

By Douglas M. Karlen, Regional Counsel, Chicago Title Insurance Company

If at first you don’t succeed (in the courts), try, try again (in the legislature). This is the story of the Crystal Lake South bleachers. The question decided in this story is: do municipal zoning ordinances govern a school district’s construction of football stadium bleachers on school property? The courts said “yes;” the General Assembly subsequently said “yes, but . . .”

The campus of the Crystal Lake South High School occupies land that adjoins residential properties in the home rule city of Crystal Lake. The residences and the campus are zoned R-2 Single Family Residences. The school constitutes a nonconforming use permitted to continue under Crystal Lake’s zoning ordinances.

In 2013, the Board of Education that operates the high school decided to replace the bleachers at the football stadium. The Board’s plan placed the new home bleachers adjacent to the neighboring residential properties and called for the new bleachers to be larger, higher, and closer to the residences than the existing bleachers. The Board obtained approval and a building permit from the McHenry County Regional Superintendant of Schools and began work on the project without notifying Crystal Lake or seeking a building permit or zoning approval. Crystal Lake ordered the Board to stop construction until it obtained a special use permit and zoning variances. The Board ignored the order and completed the bleachers project.

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