Section 9 Apparent or Nonapparent

• Library: Real Estate Fundamentals 2011

An apparent easement is one that is susceptible of discovery
upon a reasonable inspection. 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. A nonapparent easement is one when no usage would lead the ordinary person to inquire of or...