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Scott E. Mollen Scott E. Mollen

Title-Purchaser Had Constructive Notice of 1981 Easement

A plaintiff appealed from a trial court order which granted the defendant’s motion summary judgement dismissing the complaint. The Appellate Division (court) modified and declared that the plaintiff purchased the subject property with constructive notice of a 1981 easement and otherwise affirmed.

The court explained that a bona fide purchaser of real property is “-one who purchases land ‘in good faith and for valuable consideration’ (Real Property Law §291)-takes the property free and clear of any prior conveyance, encumbrance or servitude of which the purchaser did not have actual or constructive notice at the time of the purchase….”

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