Via v. Beckett

Summary

The West Virginia Supreme Court of Appeals affirmed dismissal of William R. Via’s trespass and boundary dispute against Ralph and Joan Beckett. The court held that identical calls in the deeds describing the common boundary as N 10° 30' W for 150 feet established the boundary as a monument and left no genuine issue of material fact. The court concluded that summary judgment for the Becketts and dismissal of the case were proper.

Holdings

1. The identical call of N 10° 30' W 150 feet in the deeds for the adjoining Beckett and Simpson-Via parcels established the common boundary line.
2. Construing the deeds as a whole, the original grantor's intent was to place the mutual boundary at N 10° 30' W 150 feet, rather than to create a parallel-sided Beckett parcel.
3. Summary judgment for the Becketts was proper because the established boundary did not result in encroachment by the Becketts onto Via's property, leaving Via unable to establish trespass.

Questions Presented

1. Whether the circuit court erred in finding that the deed call N 10° 30' W 150 feet was an adjoining-boundary monument establishing the common property line.
2. Whether the circuit court failed to give effect to the original grantor's intent by disregarding deed language describing the boundary as parallel to the Tobin Stover/Daniel Boone lot.
3. Whether identical courses and distances in deeds to adjoining tracts may establish the common boundary as a monument.
4. Whether summary judgment was proper where the established boundary showed no encroachment by the Becketts and therefore no trespass claim.

Disposition

affirmed