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· 1/20/2009

Windham v. Riddle

Citations

  • 672 S.E.2d 578
  • 381 S.C. 192
  • 2009 S.C. LEXIS 14

How courts have described this case

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

  • holding that extrinsic evidence showing intent may be admitted if there is a latent ambiguity in the text of the instrument
  • holding that in construing a deed, the intention of the grantor must be ascertained and effectuated, unless that intention contravenes some well-settled rule of law or public policy
  • finding the drafter's intention controls \unless that intention contravenes some well settled rule of law or public policy\
  • noting \[a]n easement is a right which one person has to use the land of another for a specific purpose\ (emphasis added) (quoting Douglas v. Med. Investors, Inc., 256 S.C. 440, 445, 182 S.E.2d 720, 722 (1971))
  • stating \the deed must be construed as a whole and effect given to every part if it can be done consistently with the law\ (quoting Gardner v. Mozingo, 293 S.C. 23, 25, 358 S.E.2d 390, 391-92 (1987))
  • \An easement may be created by reservation in a deed.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Beatty, Toal, Waller, Kittredge, Pleicones

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.