​Otis Olson, the Owner of Two Adjoining City Lots, a and B

Essay

​Otis Olson, the owner of two adjoining city lots, A and B, built a house on each. He laid a drainpipe from lot B across lot A to the main sewer pipe under the alley beyond lot A. Olson then sold and conveyed lot A to Fred Ford. The deed, which made no mention of the drainpipe, was promptly recorded. Ford had no actual knowledge or notice of the drainpipe, although it would have been apparent to anyone making an inspection of the premises, having been only partially imbedded. Later, Olson sold and conveyed lot B to Luke Lane. This deed, which likewise made no reference to the drainpipe, was also promptly recorded. A few weeks thereafter, Ford discovered the drainpipe across lot A and removed it. Did Ford have the right to do so?