Ross v. Weber

Defendants appeal a trial court decree granting plaintiffs an easement for ingress and egress over defendants’ property and enjoining defendants from interfering with or hindering plaintiffs’ use and enjoyment of that easement. When defendants purchased the servient estate, the easement was unrecorded. They contend that as bona fide purchasers without notice they took their property free of the easement. The trial court found defendants were not bona fide purchasers and that, at the time defendants purchased the property, the use of the easement by the plaintiffs had been such that any…