152 W. Va. 233 - Fanti v. Welsh’s Empirical Analysis
1968
Citation profile
2 federal appellate · 1 district · 26 state decisions
How this case has been cited
Cited by 31 later decisions — most recently February 2014 · most notably 108 Md. App. 117 - Hoffman v. UNITED IRON AND METAL COMPANY, INC. (1996), 159 W. Va. 844 - Berkeley Development Corp. v. Hutzler (1976)
2 federal appellate · 1 district · 26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 139 W. Va. 884 - Holland v. Flanagan · Eagle Lodge, Inc. v. Hofmeyer · State v. King · 144 W. Va. 575 - Baker v. Hamilton · Shaver v. Edgell
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is a well-established principle governing the purchase of servient tenements that an easement therein is extinguished unless the purchaser has either actual notice of the existence of the easement, or constructive notice from the recordation of the express grant or reservation creating it, or from the fact that its use and enjoyment is open and visible .... The law imputes to a purchaser such knowledge as he would have acquired by the exercise of ordinary diligence ... The grantee is bound where a reasonably careful inspection of the premises would disclose the existence of the easement, or where the grantee has knowledge of facts sufficient to put a prudent buyer on inquiry. It is not necessary that the easement be in constant and uninterrupted use.” Fanti v. Welsh, 152 W.Va. 233, 239-240 , 161 S.E.2d 501, 505 (1968) (Citations omitted).”
3 later decisions quote this exact passage““The grantee is bound where a reasonably careful inspection of the premises would disclose the existence of the easement, or where the grantee has knowledge of facts sufficient to put a prudent buyer on inquiry. It is not necessary that the easement be in constant and uninterrupted use. The purchaser of property may assume that no easements are attached to the property purchased which are not of record except those which are open and visible.””
3 later decisions quote this exact passage““ ‘Where questions of fact are referred to and passed upon by a commissioner, and the findings of the commissioner are overruled and disaffirmed by the circuit court, the appellate court must determine for itself, from the facts and circumstances disclosed by the record, whether it will sustain the conclusion of the commissioner or that of the circuit court.’ Point 1, Syllabus, Hyre v. Lambert, 45 W.Va. 715 [ 31 S.E. 927 (1898)].””
3 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.