Smiljanic v. Niedermeyer

¶ 1. This appeal concerns a dis-

pute over the effect of a recorded affidavit of the sellers' broker that averred the sellers had intended to convey an easement not reflected in the recorded deed. The circuit court concluded that the affidavit, recorded in 1955, was not a valid means of conveying the easement or correcting the deed. The court therefore granted summary judgment against Douglas Smiljanic, the person claiming he has the right to the easement. Smiljanic appeals, contending that the recorded affidavit is a valid method of correcting the deed, that it was not necessary to utilize…