Gagner purchased a parcel of land in 1969 after his attorney provided him with a certificate

of title stating that the land was marketable and unencumbered by easements. In fact, a water

district had previously been deeded a water pipe easement across the land, but the easement

was not recorded until 1973. Although the easement was not in Gagner's chain of title, there

were references in the chain indicating that the water district had certain rights in a larger

parcel that included Gagner's land. The attorney relied on oral assurances from the seller,

Crena, that these references did not affect the Gagner parcel. (a) Is the easement valid as to

Gagner? (b) If it is valid, does Gagner have a remedy against the attorney? Explain. See

Gagner v. Kittery Water District, 385 A.2d 206 (Me. 1978).