Pollard

When the owner of a parcel of land buys an easement over adjoining land for a way from his land to a public street, such easement becomes at once appurtenant to his land, giving him access to the street over such way.

If he fails to have the conveyance for such easement legally . recorded, it remains good, nevertheless, against the grantor of the easement. But if the grantor of the easement, in such case, for a valuable consideration, afterwards unconditionally conveys the servient tenement to another, who takes without notice of the grant of the right of way, or of the use of the way, and with no knowledge of facts sufficient to put him on inquiry concerning it, he will take the land free from the burden of the easement. (Civ. Code, secs. 1214, 1217; Bell v. Pleasant, 145 Cal. 413 , [ 104 Am. St. Rep. 61 , 78 Pac. 957 ].)

If the way is at the time in use, and, although not fenced, is marked on the ground either by the effects of the travel over it or by fences or other bounds, so that it is plainly visible and its use obvious to one who examines the premises, the purchaser is put on inquiry with regard to such easement and cannot claim as a purchaser without notice thereof. He…