Breuer-Harrison, Inc. v. Combe

B-H apparently lacked actual notice at least of the extent of the waterline easement until well after the purchase agreement was entered into. Nonetheless, the easement appeared of record and thus B-H “is properly charged with constructive notice” of the easement. Callister v. Millstream Assocs., Inc., 738 P.2d 662, 663 n. 3 (Utah Ct.App.1987); Utah Code Ann. § 57-3-2(1) (1990).

In Callister, which concerned a similar contractual provision to the effect that title would be conveyed free of all liens and encumbrances, with no provision made to exempt easements of record or particular classes of…