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sr <br /> The 1994 Order submitted by Plaintiffs makes no mention of Lot 20 or that section of Lot <br /> 21 now owned by Plaintiffs. That litigation dealt only with easements across the part of Lot 21 <br /> not owned by Plaintiffs, and Lots 22-33. The Order did not attempt to alter the title of Plaintiffs' <br /> land. No issue of fact exists as to whether any title holders to the Plaintiffs' property were given <br /> notice of that or any other litigation purporting to alter title to Lot 20. <br /> The record is complete on these matters. Further investigation cannot discover that <br /> Plaintiffs lacked notice of the servitude upon taking title to the property. Further investigation <br /> cannot discover a Court Order validly reforming their title. Plaintiffs took title subject to the duly <br /> recorded easement, and continued discovery would be fruitless. <br /> IV. Conclusion. <br /> No issue of fact exists as to the current validity or appurtenance of the driveway easement <br /> created in the 1948 Deed. Therefore summary judgment is appropriate on that issue. No issue of <br /> fact exists concerning the title of record of Lot 20 or Plaintiffs' notice of the servitude <br /> encumbering the land when they took title. Therefore summary judgment on that issue is also <br /> appropriate. As a matter of law, Plaintiffs' land, Lot 20, is encumbered by a valid appurtenant <br /> easement for the benefit of Lots 21-33, the dimensions of such easement are as described in the <br /> 1948 Deed. <br /> Defendants 1350 Baldur, LLC and Frederick Puzak's Motion for Summary Judgment on <br /> Plaintiffs Sandra Benson Wingerd and Harold Wingerd's claim for Declaratory Judgment and on <br /> Defendants' claim for Declaratory Judgment on the matter of the appurtenant driveway easement <br /> as described in the 1948 Deed is hereby GRANTED. <br /> C.L.N. <br /> 13 <br />