Final answer:
If an owner sells property subject to a view easement without disclosing it, the new owner may take legal action due to misrepresentation or failure to disclose material facts, as easements run with the land and are binding on subsequent owners.
Step-by-step explanation:
If the owner sells the real estate which is now subject to a view easement they created, and neither the purchase agreement nor the escrow instructions disclose the existence of the easement, the likely outcome is that the new owner may have grounds for legal action because easements are generally considered to be appurtenant to the land.
An easement appurtenant "runs with the land," meaning it is automatically transferred with the property, even if not specifically mentioned in the sale documents. However, the failure to disclose the easement could be seen as a misrepresentation or a failure to disclose material facts about the property, which may entitle the purchaser to various remedies, including potentially rescinding the sale or seeking damages. Information about any easement should be recorded with the property deed, and if not, the buyer might be unaware of the restriction until it is too late.
Views to prevail in the context of an easement often indicates that the easement holder has the right to a certain view, which must not be obstructed by the property owner. If the seller does not disclose this during the sale, the buyer's expectation of an unencumbered property is not met, potentially leading to contestation and legal disputes. As for the mentioned clause about possession, it is related to the delivery of the property and is separate from the disclosure of easements but is an example of parties' rights and obligations under an agreement.