Case Overviews

Mountain States Telephone & Telegraph Co. v. Kelton (1955)

Facts:

Kelton, a contractor, damaged the telephone company’s underground cable buried in a certain location under a perpetual easement. The easement was recorded. The telephone company sued the contractor and the property owner to recover damages.

Issue:

Must a contractor with no interest in the title to the land where he is working search the record to locate easements?

Rule:

A contractor without an interest in the title of the land on which he is working has no duty to search the record and is not therefore on constructive notice as to an easement’s location.