help with a little real estate case law?
In the case Frierson V Watson The memorandum of agreement states in part that the easement provided to the Frierson's would exist as long as the room remains unpartioned by brick and continuous through to the roof.
Watson was trying to Partition the wall. Why did the court say he could not because of the easement even though the agreement stated that the easement would cease to exist when it became partioned?
- Anonymous1 decade agoFavorite Answer
Here is the appeal courts ruling, the easement was valid and it would be a violation for watson to build the partition.~
An easement by grant is not required to be recorded to be valid. Although notice is assumed when a document conveying an interest in real property is recorded, recording is not necessary if the buyer has actual notice. In this case, Watson testified regarding the numerous ways in which he knew about the hallway easement - his deed contained a survey noting the hallway easement and the previous owner had informed him of an ongoing dispute over the hallway. Further, Watson testified that he received a document that granted the easement to the stairway and that he knew an easement only to the stairway itself provided the Friersons with no way of accessing their second story from the stairway. Additionally, Watson’s attorney prepared a title opinion which included the hallway easement and, most importantly, Watson actually received a copy of the unrecorded document granting the hallway easement. Watson, moreover, testified at his deposition that he has been involved in purchasing and developing real estate for at least ten years. As the circuit court noted in its order, “Watson is a sophisticated businessman experienced in real estate.” The unrecorded document clearly granted an easement to the hallway and Watson had the document prior to closing. We therefore hold the circuit court properly granted summary judgment to the Friersons on the basis they had established an easement by grant.Source(s): 4167 - Frierson v. Watson This dispute arose when Watson began to construct apartments on the second floor of his ... second story of the Frierson building (See Deed Book 3-V at Page 229) ... http://www.judicial.state.sc.us/opinions/displayOp...