Easement by Prior Grant Survives Sale Absent Recordation
Synthèse Legislator
Généré par l'IAA property owner, who had previously granted an easement for a water pipe across their land to a neighboring property to supply it with water, later sold the servient estate without explicitly mentioning the pre-existing easement in the deed. The buyer of the servient estate subsequently sought to terminate the easement, claiming it was not binding on them because it was not recorded or expressly mentioned in their title deed. The court held that the easement, having been established by a prior grant to ensure the continuous supply of water to the dominant estate, constituted a visible and apparent servitude that survived the sale of the servient property, even if not mentioned in the new deed, because the buyer was presumed to have knowledge of such apparent burdens on the land they acquired.
Regeste Legislator
Généré par l'IAEasement by Prior Grant Survives Sale Absent Recordation: The buyer of the servient estate subsequently sought to terminate the easement, claiming it was not binding on them because it was not recorded or expressly mentioned in their title deed. The court held that the easement, having been established by a prior grant to ensure the continuous supply of water to the dominant estate, constituted a visible and apparent servitude that survived the sale of the servient property, even if not mentioned in the new deed, because the buyer was presumed to have knowledge of such apparent burdens on the land they acquired.