McMurray v. Housworth

Phipps, Judge.

Michael and Deborah Housworth sold a twenty-four-acre tract of land which the purchasers — Lance and Melanie McMurray, and James and Alberta McMurray — subdivided into two tracts. A lake created by a dam is situated on the property. The McMurrays brought this suit against the Housworths for breach of their general warranty of title upon discovering after purchasing the property that the owner and operator of the dam holds a floodwater detention easement that burdens the tract. The superior court awarded summary judgment to the Housworths on the ground that this easement is not…