Jones v. Berg

Citations

• 105 Wash. 69
• 177 P. 712

Syllabus

<p>Vendob and Purchaser (125)—Bona Fide Purchaser—Notice— Records—Index. An index of tbe record of a deed giving tbe description as parts of lots 5 and 6, is a sufficient compliance with Rem. Code, § 8787, to put a purchaser upon inquiry as to a building restriction in the deed against adjoining property in lot six, granting an easement in eight feet along the common boundary.</p> <p>Same (124)—Notice—Records in Chain oe Title. A deed conveying part of a lot and granting an easement in the remainder, is within the chain of title to the remainder, so as to import notice to subsequent purchasers of the remainder, even though executed by only one of two tenants in common.</p> <p>Easements (10)—Express Grants—Construction. A deed covenanting that the grantor will not build upon adjoining property closer than eight feet to the south line of the property conveyed, so that there shall be sixteen feet between the buildings, grants an easement in the north eight feet of the adjoining land.</p> <p>Tenants in Common (1-1)—Severance—Grants by One Tenant. A conveyance by one of two tenants in common of part of the common property is valid as a transfer of the grantor’s interest, entitling the grantee to equities therein against the nongranting tenant in case of a partition.</p> <p>■Same (1-1)—Coneikmation. Where one of two tenants in common conveys part of the common property, together with an easement in the remainder, pursuant to an oral agreement with his cotenant, a subsequent quitclaim deed by both cotenants of the remainder is a confirmation of the previous oral agreement and a recognition of the easement, avoiding the necessity of a formal partition between the cotenants.</p> <p>Vendor and Purchaser (126)—Bona Fide Purchaser—Notice by Record. Where one of two cotenants conveyed part of the common property with building restrictions and subsequently both eotenants conveyed the remainder by quitclaim, their acts and acquiescence amounting to a partition, one claiming by war