dissenting:
The majority opinion concludes that the recorded plat maps are the instruments which created the Idaho Power easement, not the Janss agreement. The opinion states, “We agree with the trial court that the Janss agreement has no bearing on the legal problem presented here. The agreement was not recorded. Additionally, the Villagers were not parties to the agreement. Thus the issue presented here is decided without reference to the agreement.” Ante at 988, 829 P.2d at 1337-1338.
Both the trial court’s and the majority’s conclusion are contrary to I.C. § 55-815 which provides that, “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.” (Emphasis added.) Since, under I.C. § 55-815, the Janss agreement, which grants an easement to Idaho Power, was valid as between Idaho Power and the Janss Corporation, the issue which both the trial court and the majority should be addressing is whether the Villagers had notice, either actual or constructive, of the Janss agreement. If the Villagers had notice, then under I.C. § 55-815 the Janss agreement was also valid as to the Villagers, and they took the property subject to the easement created by the Janss agreement.
The only function which recording performs is to impart constructive notice of a prior interest in real property, I.C. § 55-811. One who has either actual or constructive notice that an unrecorded interest exists cannot be a bona fide purchaser “in good faith,” as provided in I.C. §§ 55-8121 and -815.2 Langroise v. Becker, 96 Idaho 218, 220, 526 P.2d 178, 180 (1974) (“The purpose of the recording act in a race-notice jurisdiction, like Idaho, is to allow recorded interests to be effective against unrecorded interests when the recorded interest is taken for a valuable consideration and in good faith, i.e., without knowledge, either actual or constructive, that the unrecorded interests exist. Froman v. Madden, 13 Idaho 138, 88 P. 894 (1907).”).
In this case the Villagers had both actual and constructive notice of the easement created by the Janss agreement, and therefore they were not bona fide purchasers within the meaning of I.C. § 55-812, Langroise v. Becker, supra, and they took the property subject to the easement given to Idaho Power in the Janss agreement.
First, the recorded plat maps put the Villagers on constructive notice that a utility easement existed on their property. The utility easements were laid out and labeled “utility easements” on the plats. Second, an inspection of the property would reveal power being supplied to the buildings, putting the Villagers on actual notice that a utility easement to serve their property was present. See Eagle Rock Corp. v. Idamont Hotel Co., 59 Idaho 413, 436, 85 P.2d 242, 251 (1938) (“The easement and use thereof was apparent from a mere examination of the premises.”).
Because the Villagers had both actual and constructive notice of the utility easement on their property, with that notice, our cases say that the Villagers had the responsibility to determine the nature and scope of the easement of which they had notice. In Hill v. Federal Land Bank, 59 Idaho 136, 141, 80 P.2d 789, 791 (1938), this Court stated, “[Wjhatever is notice enough *991to excite the attention of a man of ordinary prudence and prompt him to further inquiry, amount to notice of all such facts as a reasonable investigation would disclose.” Fenton v. King Hill Irr. Dist., 67 Idaho 456, 186 P.2d 477 (1947); Farrell v. Brown, 111 Idaho 1027, 729 P.2d 1090 (Ct.App.1986); Comstock Inv. Corp. v. Kanisksu Resort, 117 Idaho 990, 793 P.2d 222 (Ct.App.1990). An inquiry to Idaho Power would have disclosed the scope and purpose of the easement given to Idaho Power in the Janss agreement, which allowed for transformers to be placed on top of the ground. Therefore, because “utility easements” were laid out and labeled on the recorded plat maps, and because of the actual presence of electric utilities on the premises, the Villagers were on inquiry notice to determine the nature and scope of the Idaho Power easement created by the Janss agreement. Treasure Valley Bank v. Butcher, 117 Idaho 974, 793 P.2d 206 (1990); Fajen v. Powlus, 96 Idaho 625, 533 P.2d 746 (1975); Checketts v. Thompson, 65 Idaho 715, 721, 152 P.2d 585, 587 (1944) (“One who purchases land expressly subject to an easement or with notice, actual or constructive, that it is burdened with an existing easement, takes the land subject to the easement.” Citing 28 C.J.S. § 48 at 711.).
The Court states that “the recorded plat maps are the instruments which serve to delineate the [word omitted] acquired by the utility.” However, even a casual examination of the plat maps discloses that they did not create the easements because they do not sufficiently satisfy the requirements of I.C. §§ 9-5033 and 55-601,4 to constitute a conveyance of an easement to anybody. First, there was no language anywhere on the plat map “granting” a conveyance of an easement. There is no grantee named. Under I.C. § 9-503 a conveyance of an interest in real property requires an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. There are two separate plats in the record in this case, Plaintiffs’ Exhibit 1 for the Villager Condominiums and Plaintiffs’ Exhibit 2 for the New Villager Condominiums. Regarding Exhibit 1, the Villager Condominium plat, it has lines drawn on it which are described as “utility easements 4’ wide.” On Exhibit 2, the New Villager Condominium plat, there are lines drawn which the legend describes as “utility easements unless otherwise noted,” but there is no indication of their width. Neither of the two plats sets out a metes and bounds legal description of the locations of the easements. Neither plat refers to a grantee or identifies who the “utility” is. The most that the recorded plats do is to put the Villagers on notice that there is a utility easement on their property. However, that easement is not created by the plat. It is created by the Janss agreement.5
The power line easement described in the Janss agreement granted “a right of way and easement for the erection and continued operation, maintenance, repair, alteration, inspection and replacement of the electric transmission, and distribution and circuits of the Grantee, attached to poles or *992other supports together with guys, cross-arms and other attachments and incidental equipment thereon, and appurtenances, for the transmission of electric energy necessary to the Grantor pursuant to the Agreement ... over, on and across the following premises____” The power line easement granted in the Janss agreement gave Idaho Power an easement “over, on and across the property” which the Villagers acquired. That language clearly authorized Idaho Power to locate the transformers on top of the ground. Abbott v. Nampa School Dist. No. 131, 119 Idaho 544, 808 P.2d 1289 (1991). Therefore, the trial court correctly concluded that Idaho Power’s easement authorized it to locate the transformers on the ground, even though its conclusion that the easement was not created by the Janss agreement was erroneous. Accordingly, I would affirm the trial court’s decision because, on this record, the Villagers had notice, both actual and constructive, of Idaho Power’s easement and therefore were bound by the terms of the Janss agreement which their predecessor in title, Janss, had executed.
. 55-812. Unrecorded conveyance void against subsequent purchasers.—Every conveyance of real property other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded.
. 55-815. Unrecorded instruments valid between parties.—An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
. 9-503. Transfers of real property to be In writing.—No estate or interest in real property, other than for leases for a term not exceeding one (1) year, nor any trust or power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
. 55-601. Conveyance—How made.—A conveyance of an estate in real property may be made by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. The name of the grantee and his complete mailing address must appear on such instrument.
.The majority opinion states that, in addition to the Janss agreement not having any bearing on the legal problem because of not being recorded, the opinion also states'that the Janss agreement has no bearing on the legal problem presented here because "the Villagers were not parties to the agreement." If the Janss agreement has no bearing upon the legal problem because the Villagers were not parties to it, then the same reasoning would preclude the recorded plats from having any bearing on the legal problem presented here because the Villagers were' not parties to the plats either.