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Plaintiffs contend that even if the 1948 Deed created a valid appurtenant easement, more <br /> time is needed for discovery to investigate whether the easement was still valid at the time they <br /> took title. The Supreme Court held that "[i]t has long been recognized in Minnesota that a person <br /> who purchases land with knowledge or with actual, constructive, or implied notice that it is <br /> burdened with an easement in favor of other property ordinarily takes the estate subject to the <br /> easement." Werner, at 275; Levine, at 264; cited in Anderson, at *5. Such easements must be <br /> duly recorded in order to satisfy notice requirements for warranty property. Werner, at 275. <br /> As discussed above, the 1948 Deed was duly recorded. The property has not been <br /> subsequently reformed by any duly recorded contract. Plaintiffs had actual, constructive, or <br /> implied notice that Lot 20 was burdened with an easement when they purchased the land, <br /> through the duly recorded 1948 Deed. No issue of fact exists as to whether Plaintiffs had proper <br /> notice of the easement. Plaintiffs purchased the estate with proper notice of its burden, and took <br /> the estate subject to the easement. Further discovery will not change these facts. <br /> 2. Plaintiffs' search for judicial reformation. <br /> Plaintiffs contend that the easement created by the 1948 Deed was litigated and <br /> substantially reformed by Judicial Order, recorded as Document No. 258347, May 24, 1994, <br /> pursuant to Proceedings Subsequent. <br /> A court may reform an easement"upon any reasonable ground,"but only after giving <br /> notice to all interested parties, "as determined by the examiner of titles." Minn.Stat. § 508.71. <br /> The examiner of titles would have to have determined that predecessors in title to the Plaintiffs' <br /> land would be an interested party if their title was subjected to litigation and possible <br /> reformation. The title of record shows no failed or successful attempt to give such required <br /> notice. The courts will not order anything affecting title without first giving proper notice. Id. <br /> 12 <br />