Stevenson

Plaintiffs Ted and Alice Stevenson bought a mobile-home park from defendant James W. Baum under a contract which provided that “[tjitle is to be free of . . . easements . . . other than . . . [tjhose of record” and that Baum was to furnish a title policy “insuring title in Buyer subject only to . . . easements ... as set forth above.”

The title policy furnished to the Stevensons revealed the existence of a recorded easement for ingress and egress belonging to Standard Oil Company. It failed to mention that the easement was also for pipeline purposes, although this fact was clearly stated in the public records.

Long after the Stevensons bought the park, Standard Oil Company’s successor in interest notified them that they would have to remove several mobile homes which encroached on the easement and blocked access to the pipeline.

The Stevensons sued Baum for fraudulent misrepresentation and concealment. Baum moved for summary judgment, arguing among other things that he had misrepresented nothing and that the purchase contract relieved him of any duty to disclose the recorded easement. The trial court granted the motion and dismissed the complaint. We shall…