9.13 Apparent or Nonapparent

• Library: Real Estate Practice Deskbook (2019 Ed.)

5. (§9.13) Apparent or Nonapparent

An apparent easement is one that is susceptible of discovery upon a reasonable inspection. See Hall v. Allen, 771 S.W.2d 50, 53 (Mo. banc 1989). "[W]here an ordinary inspection of the property" would reveal an encroachment, or in this case a roadway, the purchaser takes subject to it as an "apparent easement." Fortenberry v. Bali, 668 S.W.2d 216, 220 (Mo. App. E.D. 1984). Note that an actual inspection is not required. Id. There is a presumption, however, that the

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