Strnad v. Brudnicki

In Strnad v. Brudnicki, 200 A.D.2d 735 (2d Dept. 1994) the court stated: "Even if we assume that the easement is not appurtenant and did not pass automatically to the subsequent owners, a person who purchases the servient estate with actual or constructive notice of the easement is estopped from denying the existence of the easement. Here, the defendants' deed contained specific language that their purchase was subject to the right-of-way shown on the filed map. The map clearly shows the right-of-way burdening the defendants' property and, therefore, they cannot now deny the existence of the right-of-way."