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· 6/13/2013

Faith United Methodist Church & Cemetery of Terra Alta v. Morgan

Citations

  • 231 W. Va. 423
  • 745 S.E.2d 461
  • 180 Oil & Gas Rep. 878
  • 2013 WL 2920012
  • 2013 W. Va. LEXIS 691

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because the deed conveyed a “surface only” interest meant that only the surface estate was conveyed
  • overruling Ramage v. South Penn Oil Co., 94 W.Va. 81, 118 S.E. 162 (1923)
  • “When the language used is plain and unambiguous, courts are required to apply, not construe, the contract.”
  • “Deeds are subject to the principles of interpretation and construction that govern contracts generally.”
  • “Deeds are subject to the principles of interpretation and construction that govern contracts generally.”
  • “The common law rule—cujus est solum ejus est usque ad coelum et ad inferos—is that a land owner with a fee simple title owns everything over the land and under it to the center of the earth.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ketchum

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.