Page 14 - Boca Club News - February '25
P. 14

Page 14, Boca Club News

               From The Professionals’ Desks
               From The Professionals’                                         Desks


      Healthy Answers – A Guide to Healthy Living:



      “Life’s Necessary Losses”



      By Dale Brown, B.S., M.A., C.E.C.                    The past year has made me understand this concept   awareness of life’s fragility and the finite nature of time.
      Dale  is  a  motivational  speaker                more than ever before. Close friends have passed away      This profound experience can spark a desire to live
      who  has  spent  many  years  as  a               and, worst of all, my sister. Loss has an uncanny way   more fully for several reasons:
      Certified Life Coach and has written              of bringing to light your own mortality and reminds      Reflection on priorities – Step back and take a look at
      numerous  articles  and  e-books                  us how fragile life really is. While the loss of a loved   what’s really important in your life. So often we become
      relating  to  self-improvement  and               one is deeply painful the reflection can lead to personal   bogged down in minutia, spending valuable moments
      ways  to  build  a  high-performance              growth, resilience and a renewed commitment to living   stressing over stupid stuff that is insignificant in the big
      team. She is the author of the book,              a meaningful life. Acceptance of this reality and how   picture.
      “Small Steps...Big Changes:  The                  you deal with it is all important to your own health and      Appreciation of the present – Remembering the
      Personal Stories of a Life Coach.”  Her  education  and   happiness.                                 love shared with those you’ve lost can inspire you to
      years of experience in physical fitness and training of      Grief often leads to reevaluating what is important in   express love more openly and more often. It may prompt
      elite athletes has enabled her to sharpen her knowledge   life. It can inspire us to prioritize meaningful relationships,   a renewed focus on kindness and understanding toward
      in many health-related areas. The following introduces a   experiences and goals over trivial or material concerns.   your fellow man.
      new approach to Ms. Brown’s series of columns devoted   Pain of loss can deepen gratitude for people and moments      A catalyst for change – Death reminds us of the
      to many topics that deal with the mind/body connection   still in your life. This newfound appreciation may lead to   universal nature of loss and the shared human experience.
      and  the  importance  of  living  a  healthy  lifestyle.  Dale,   more intentional living and savoring the present.  It may lead to empathy toward others who are experiencing
      a  Bocaire  resident,  can  be  reached  at  dalebrown@     Sometimes you go through the motions of living, not   a similar loss. As a result of loss, it may prompt you to
      lovingmondays.com.                                fully aware that time is slipping away. Then one day you   take risks, pursue passions or address unresolved issues.
         In this life I’ve learned that in order to grow we must   look back and wish you had laughed, loved and lived      A shift in perspective – The loss of a loved one may
      give up and let go of things and people we love. The road   more fully. You reflect and appreciate the little things   encourage you to focus on a deeper purpose and a sense to
      to human development is paved with necessary losses   and may wish you had been more thankful for what you   live more authentically. This means being true to yourself,
      along the way. At some point in our life we lose our   had. Mundane concerns seem insignificant and help you   aligning your actions, thoughts and choices with your
      parents, friends and other family members. As we age,   focus on a deeper purpose and joy.           values, beliefs and genuine self. It involves expressing
      letting go can mean many things: our vigor, our sense      When you lose a friend, loved one, or even people   yourself honestly and living in a way that feels meaningful
      of adventure, our playfulness, our waistlines, our 20/20   you may not know very well, it makes you stop to reflect.   and fulfilling.
      vision – the list goes on.                        Maybe for a day, sometimes longer, you recognize that      Inspires Acts of Kindness – Awareness encourages
         When you’re young it’s easy to look ahead to what   life is transient. You vow to make some changes, let go   compassion. Helping others can bring a profound sense
      you’d like to accomplish, never realizing that someday   of things that don’t matter, make amends with estranged   of joy and fulfillment.
      that vision may shift. There will come a time that changes   family.                                    The  acceptance  of  death,  often  called  mortality
      your ability and your view of what you can and cannot do.      Inherently, we all long to be present in the world around   awareness, can affect happiness and overall well-being.
      You may have to hang up your skis, sell your golf clubs,   us. There are many books describing the importance of   While the idea of death may initially evoke fear or
      give up your bike riding or adjust your lifestyle to suit   being in a conscious state of mind. The death of a loved   discomfort, embracing its inevitability can lead to a deeper
      your later years. As much as this sounds like a downer   one is often the wake-up call that brings a heightened   appreciation of life and more meaningful experiences.
      it’s not. It’s simply the evolution of life.
                                                        Legal: Easements



                                                        By Michael J Posner, Esq., a partner               in the easement area will also be prohibited. Conversely,
                                                        in Lippes Mathias LLP, a national                  the use of the easement by the dominant estate owner is
                                                        real estate and business-oriented                  also limited to what rights were granted in the easement.
                                                        law  firm  with  sixteen  locations                For example, if the easement is granted to provide access
                                                        nation-wide. Michael specializes in                to a single-family residence, the conversion of the single-
                                                        real estate and association law. He                family residence into a fifty-unit apartment building using
                                                        can be reached at (561) 594-1452                   the same easement for access would likely over-burden
                                                        or at mjposner@lippes.com.                         the easement. The key is how the easement is drafted and,
                                                           A clickbait headline on an                      if there is ambiguity, looking to parole evidence such as
                                                        article in my news feed proclaimed that a family could   the intent of the parties to the easement and the long-term
                                                        not build their dream home on a vacant lot because of   use will determine the issues of interference with use and
                                                        a blanket easement. The article detailed how they had   over-burdening of the easement.
                                                        purchased a lot in the woods for privacy but that many      Easements encompass a wide variety of possible
                                                        years prior the land was encumbered by an easement for   activities. The most common easements provide access for
                                                        utility service. With the easement in place they would not   utility providers (electricity, internet, telephone and gas,
                                                        be able to get a building permit without either the written   etc.), and to provide drainage services. Access over the
                                                        consent of the easement holder or the actual release of the   servient estate is also common, from access for pedestrian
                                                        easement. They said that they had been initially rebuffed   use, access for landscaping or for vehicular access. In rural
                                                        by the utility company and, therefore, their dream project   areas there are also easements for animal/plant access, such
                                                        was now on hold.                                   as horse trails, grazing, timber removal or sheep herding.
                                                           Easements are a lesser interest in land that are created      Easements are created by written instruments duly
                                                        between a grantor who grants a limited right over the   recorded in the public records. Easements can be created by
                                                        grantor’s property—which is commonly referred to as   a specific easement agreement, but easements can also be
                                                        the servient estate—and a grantee who obtains a limited   created by a variety of other written documents. Easements
             Southern Exposure Technologies             right to use the servient estate from the grantee’s property,   can be created by a reservation contained in a warranty
           Computer Install/Setup/Repair                which is commonly referred to as the dominant estate. Our   deed, by a dedication in a plat (the most common form
                                                        unhappy landowners own a servient estate for the benefit
                                                                                                           of easement reservation) or by covenants and restriction
                     (561) 315-0144                     of the adjacent dominant estate owner for utility purposes   (such as a Declaration of Condominium or Covenants and
                   getsetgo.annie@gmail.com             over their dream land.                             Restrictions for a Homeowners Association).
                            * DSL, Broadband,Wireless Install     Easements are not personal, like leases and licenses, but      When buying a property it is important to determine
                            * Networking, Troubleshooting  instead are considered an interest that “runs with the land.”   what easements, if any, affect the subject land. This is done
                            * Instruction               This means that a properly drafted easement survives the   by reviewing the title insurance commitment, which should
                            * Hardware/Software Installation  sale of the servient or dominant estate. The utility easement   disclose all recorded instruments. A review of each instrument
                            * Virus/Spyware/Adware Fix  described above has been in place for many years and has   should be undertaken to determine what easements exist, what
                            * Cleanup/Maintenance/Backup
                            * Business Consult/Startup/Move  survived the transfer of title from many prior owners.  they are for, whether they are exclusive or non-exclusive and
                            * Website Design/Maintenance     Easements come in two types, exclusive and non-  what part of the property is encumbered by the easement (the
              Call S.E.T. to install your “new computer, printer  exclusive. An exclusive easement means that the land   front or rear xx feet (usually 5–20 feet; or something much
                       and wireless network”!           encumbered by the easement may only be used exclusively   wider). In addition, a survey should be obtained that locates
                       GET S.E.T. GO!                   by the dominant easement owner to the detriment of   each easement on the property.
         REASONABLE HOURLY, WEEKLY, MONTHLY RATES       servient estate owner. The more common type of easement      Going back to our forlorn property owners, the question
       FOR SMALL BUSINESSES FOR AS LOW AS $50.00 AN HOUR,  is a non-exclusive easement, which means that the servient   will be whether they received a title commitment or survey
             WITH A MINIMUM OF 6 HOURS A MONTH,         estate owner may use the easement area at the same time   and, if they did, was the easement missed or properly
            OR 2 HOURS A WEEK, OR ON AN AS-NEEDED
                  BASIS RATE OF $75.00 P/HOUR.          as the dominant estate owner as long as such use does not   notated. If the easement was missed a possible claim could
          START YOUR NEW YEAR WITH SECURE BACKUPS,      interfere with the uses granted.                   be made. If they did not have these items they may still
        QUALITY MAINTENANCE, ATTENTION TO DETAIL AND       The issue of what constitutes interference is the   be able to make a deal with the easement holder to either
                 PERSONABLE ON-SITE SUPPORT!            subject of many lawsuits between servient estate owners   pay them to modify or release the easement, or to reduce
                        (561) 315-0144
          CALL S.E.T. TODAY FOR YOUR COMPUTER NEEDS!    and dominant estate owners. A use that blocks access is   the size of the easement to allow for the construction of
                                                        generally prohibited and building permanent structures   their dream home.
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