Howell v. Clyde

The Warrens granted Scenic Views, Inc. an easement across their property restricted to residential use, providing the easement "shall be void" if certain prohibited uses (like trailers or commercial activity) occurred, allowing the servient owner to re-enter and retake possession. David Clyde (defendant) acquired the underlying servient estate; Norbert Goode and Myra Mayse acquired the dominant easement estate and began raising goats commercially and placing a trailer on the land, prompting Clyde to declare the easement terminated and lock the gates. Raymond Howell (plaintiff) later purchased the dominant estate, and the parties disputed whether he had notice of the termination. Howell sued, arguing that because Clyde never recorded the termination, it was invalid against him as a bona fide purchaser, by analogy to the state's recording statute for easement creation. The trial court agreed and ordered Clyde not to interfere; Clyde appealed.