Easement Binding on Subsequent Purchaser Despite Lack of Registration
Synthèse Legislator
Généré par l'IAA person, having an undisputed right to an easement of passage over another's property, sought to enforce this right against a subsequent purchaser who claimed to be unaware of the easement, arguing that the right was not recorded in the property title records. The court held that the easement, established by title and clearly delineated, constituted a real right binding on all subsequent purchasers, regardless of whether it was formally recorded in the property register, because the right was attached to the land itself and its existence was evident from the preceding title deeds, meaning the purchaser could not claim ignorance of a publicly known, established servitude.
Regeste Legislator
Généré par l'IAEasement Binding on Subsequent Purchaser Despite Lack of Registration: The court held that the easement, established by title and clearly delineated, constituted a real right binding on all subsequent purchasers, regardless of whether it was formally recorded in the property register, because the right was attached to the land itself and its existence was evident from the preceding title deeds, meaning the purchaser could not claim ignorance of a publicly known, established servitude.