In Anderson v. Selby, 2005 ND 126, 700 N.W.2d 696, the sellers sought reformation of a warranty deed, claiming the deed mistakenly did not include a reservation of a flowage easement and the buyer knew about or suspected the mistake.
In Anderson, there was evidence the buyer instructed his real estate agent not to say anything about the flowage easement during the closing, and the purchase price for the land was consistent with the market price for the land with a flowage easement.
There was also evidence the buyer told the sellers there "was a mistake, which [the buyer] understood." Id.
The Court reversed a summary judgment dismissal of the sellers' reformation claim, concluding the evidence supported an inference there was a mistake that the buyer at the time knew or suspected. Id.