Notice and the Deeds Out Problem

When a grantor conveys land which has been subjected to easements or equitable servitudes in favor. of adjacent land previously conveyed by the grantor, there arises the serious question whether such interests are enforceable if the purchaser has not expressly taken the land subject to them. A cursory inspection of primary and secondary authority on the subject of easements and equitable servitudes would indicate that the answer depends upon whether, at the time of the sale, the purchaser of the servient estate has notice of the burden to which his land is allegedly subjected. It is the purpose of this article to determine the significance of notice in these circumstances and to ascertain when the foregoing test should be applied