James purchases a home in Worcester and records his deed at the Registry of Deeds. Two weeks later, he discovers that the seller had previously granted an easement to a neighbor, but that easement was never recorded. The neighbor had been openly using the easement path across the property for years and the path was clearly visible during James's walk-through. Under Massachusetts law, does James take the property subject to the easement?
Correct Answer
C) Yes, because James had constructive notice of the easement through its open and visible use prior to purchase
Under Massachusetts's race-notice statute (MGL Chapter 183), a subsequent purchaser is protected only if they take WITHOUT notice of the prior interest. Notice includes not only actual notice but also constructive notice. The openly visible, continuous use of the easement path during James's walk-through constitutes constructive notice (sometimes called inquiry notice). Because James had constructive notice of the easement, he cannot claim protection under the recording act and takes the property subject to the easement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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