Hardage v. Lewis

Carley, Judge.

Prior to purchasing certain residential real property, appellant-plaintiffs were informed by the sellers that the two stakes located in the backyard indicated that portion of the property which might be taken by the Department of Transportation (DOT) in conjunction with a highway project. In fact, the sellers had already conveyed an easement to DOT, which easement DOT had promptly recorded. Appellants later executed a sales contract and sought financing. They did not, however, have the property surveyed and neither discovered nor were informed of the existence of DOT’s easement…