REAL PROPERTY-VENDOR AND PURCHASER-EFFECT OF NOTORIUOS EASEMENT ON LAND CONTRACT TO CONVEY "FREE OF ENCUMBRANCES"

Vendor contracted to convey land to purchaser by a deed which was to contain a covenant against encumbrances. A public easement of way over the property was outstanding, and on part of this easement a gravel road had been built. Purchaser paid some instalments and took possession but, upon learning of the easement, sued to rescind. The trial court found that the easement would have been discovered by a reasonable investigation, and therefore the contract did not protect purchaser from this easement.

On appeal, held, affirmed. A contract to convey real estate free of encumbrances does not refer to easements, permanent in character, which are either known or should have been discovered by the purchaser. Somers v. Leiser, (Wash. 1953) 259 P. (2d) 843.