Property Keyed to Saxer
Berg v. Ting
Norman and Marjorie Berg (Plaintiffs) own a tract of land adjacent to a tract of land previously owned by John and Beverly Cahill. On the other side of the Cahills’ property lay a tract of land owned by Mr. and Mrs. Stuart Young. In 1983, the Cahills and the Youngs agreed to subdivide their properties and submitted a short plat application to the city. Plaintiffs officially opposed the application. In 1984, Plaintiffs, the Cahills, and the Youngs entered an agreement under which Plaintiffs would withdraw their opposition in exchange for an easement over the Cahills’ property. A grant of easement was recorded on June 18, 1984. The grant gave the parties the freedom to select the exact location of the easement within tracts A and B. Tracts A and B were to be specifically defined once the short plat application was approved and recorded. The short plat application was not approved until May 2, 1988. By then, it had been considerably reconfigured and re-designated. As a result, the portion of the Cahills’ property described in the grant did not actually depict the area where the easement would actually exist. In October 1988, Robert Y. and Kathy Ting (Defendants) purchased the Cahills’ property. Defendants’ deed did not mention Plaintiffs’ easement and Defendants refused to recognize it. Plaintiffs sued in March 1990 to quiet title in the easement. The trial court and Court of Appeals held that the grant of the easement was void for failure to satisfy the statute of frauds. However, the Court of Appeals held that the grant of the easement was nevertheless enforceable under the doctrine of part performance.
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