Commonwealth Electric Co. v. MacCardell
Massachusetts Supreme Court
876 N.E.2d 405 (2007)
A 1936 easement deed for utility transmission lines failed to specify which of two adjacent lots it covered, and the certificate of title issued upon land registration mistakenly recorded the easement on Lot Two, even though the utility company had actually installed its poles on Lot One. MacCardell (defendant) purchased and lived on Lot One, whose certificate showed no easement; when the utility's successor, Commonwealth Electric (plaintiff), discovered the discrepancy years later, it petitioned to amend Lot One's certificate to reflect the easement, arguing MacCardell had actual notice simply because the poles stood on his property, but the trial and appellate courts ruled for MacCardell.
Whether there are only two ways that an easement that is not reflected on the certificate of title may be enforced against a good-faith purchaser: (1) the certificate of title describes facts that raise a question about a potential easement or (2) the purchaser has actual knowledge of the easement.