James v. Lawson

1 Citing case

  1. Highway Properties v. Dollar Sav. Bank

    189 W. Va. 301 (W. Va. 1993)   Cited 9 times
    In Highway Properties v. Dollar Savings Bank, 189 W. Va. 301, 305, 431 S.E.2d 95, 99 (1993), this Court found that language in a deed stating "`[i]t is agreed and understood that there is common parking and rights-of-way or easements in, to and across all parcels for ingress and egress from and to all other parcels'" was insufficient and a "totally inadequate description" for purposes of creating an easement.

    See also Bailey v. Banther, 173 W. Va. 220, 314 S.E.2d 176 (1983). In addition, we gave this rather graphic summary of a purchaser's duty to examine the title to real property in James v. Lawson, 103 W. Va. 165, 170, 136 S.E. 851, 853 (1927), where we quoted this language from Burwell's Administrators v. Fauber, 62 Va. (21 Grat.), 446, [447] (1871): "`He must look to the title papers under which he buys, and is charged with notice of all the facts appearing upon their face, or to the knowledge of which anything there appearing will conduct him. He has no right to shut his eyes to the inlet of information and then say he is a bona fide purchaser without notice.'"