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Home / Courts / Real Property – Tort/Negligence – Fraud – Public Record — Constructive Notice – Question of Fact (access required)

Real Property – Tort/Negligence – Fraud – Public Record — Constructive Notice – Question of Fact (access required)

Moseley v. All Things Possible, Inc. There was a recorded plat which showed an underground surface-water drainage easement running diagonally across the entire length of the undeveloped lot at issue; however, the easement did not appear on any deed in the lot’s chain of title, and the defendant-seller - aware of the plaintiff-buyers’ desire to build a home on the lot - presented the buyers with an altered copy of the plat with the easement removed and a square drawn on the plat indicating where a home could be built. The issue of whether the buyers could reasonably rely on the seller’s misrepresentation was one of fact.

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