Haisfield v. Lape
Supreme Court of Virginia
570 S.E.2d 794 (2002)
Haisfield (plaintiff) agreed to buy Laurel Ridge Farm from the Lapes (defendant) under a contract entitling him to terminate if an easement rendered title unmarketable. A line-of-sight easement encumbered the property, and unlike a fixed lien whose amount could simply be deducted from the purchase price, this easement's scope and value were indefinite and not visibly apparent on the land, meaning it wouldn't already be baked into the negotiated purchase price. The trial court found the Lapes in breach for asserting the easement made title unmarketable and awarded them a $50,000 judgment; Haisfield appealed.
Whether an indefinite, non-open-and-visible easement encumbering property renders title unmarketable, entitling the purchaser to terminate the purchase agreement.