..., having already conveyed the annex parcel, he could not "reserve" in the deed to defendant's predecessor-in-interest an easement appurtenant to the annex parcel for the benefit of plaintiff's predecessor-in-interest. The long-accepted rule in this State holds that a deed with a reservation or exception by the grantor in favor of a third party, a so-called "stranger to...excepted in favor of a stranger to the deed, if such was the clearly discernible intent of the grantor (see, e.g., Willard v First Church of Christ..., comment [b]). Although application of the stranger-to-the-deed rule may, at times, frustrate a grantor's intent, any such frustration can readily be avoided by the direct conveyance...

...in a deed giving a stranger a right of first refusal is neither a reservation nor an exception to the granting clause of the deed. Hence, the clause may not be considered void under the 'stranger to...the deed' rule expressed in Syllabus Point 3 of Erwin v. Bethlehem Steel Corp., 134 W.Va. 900, 62 S.E.2d 337 (1950)." However, as explained below, I disagree with the majority's suggestion that this Court may have been impelled to abolish the "stranger to...the deed" rule altogether if the parties had properly raised this argument. As noted in the majority opinion, West Virginia has historically observed the "stranger to...

...on its conclusion that "[a] clause in a deed giving a stranger a right of first refusal is neither a reservation nor an exception to the granting clause of the deed. Hence, the clause may not be considered void under the 'stranger to...the deed' rule expressed in Syllabus Point 3 of Erwin v. Bethlehem Steel Corp., 134 W. Va. 900, 62 S.E.2d 337 (1950)." However, as explained below, I disagree with the majority's suggestion that this Court may have been impelled to abolish the "stranger to...the deed" rule altogether if the parties had properly raised this argument. As noted in the majority opinion, West Virginia has historically observed the "stranger to...

...of a stranger to a conveyance does not serve to recognize or confirm a right which does not exist in his favor when the conveyance which contains such reservation or exception is made." Syl. pt. 3, Erwin v. Bethlehem Steel Corp., 134 W. Va. 900, 62 S.E.2d 337 (1950). 4. A clause in a deed giving...stranger a right of first refusal is neither a reservation nor an exception to the granting clause of the deed. Hence, the clause may not be considered void under the "stranger to...(1958). HUTCHISON, Justice: In this appeal from the Circuit Court of Tyler County we examine the "stranger to the deed" rule...

...defendants Jonathan Smolian, Randy Smolian, and Darielle Smolian for two parcels of real property were void under the "stranger to the deed" rule, denied that branch of the plaintiffs' motion which was for...subject parcels be maintained as open space on the ground that the issue was not justiciable, and, in effect, upon searching the record, awarded summary judgment to the defendants Jonathan Smolian, Randy Smolian, and Darielle Smolian declaring that the stranger to the deed rule...in favor of the defendants Randy Smolian, Jonathan Smolian, and Darielle Smolian, and against the plaintiffs, declaring that the stranger to the deed rule is not applicable and, thus, does not...

...erred in concluding that: (1) the doctrine of stranger to the deed does not apply to make unenforceable the restrictive covenant to which Midcoast's property is subject; and (2) the restrictive covenant...is enforceable and prevents Midcoast from building condominium units on the property. We agree with the District Court that the stranger to the deed doctrine is inapplicable, but because the...court denied Midcoast's motion for summary judgment and entered summary judgment in favor of the Trustees. The court concluded that the doctrine of stranger to the deed did not apply to make the...

...W.Va. 543, 48 S.E.2d 430 (1948). 3. "A reservation or an exception in favor of a stranger to a conveyance does not serve to recognize or confirm a right which does not exist in his favor when the conveyance which contains such reservation or exception is made." Syl. pt. 3, Erwin v. Bethlehem Steel Corp., 134 W.Va. 900, 62 S.E.2d 337 (1950). 4. A clause in a deed giving...right of first refusal is neither a reservation nor an exception to the granting clause of the deed. Hence, the clause may not be considered void under the "stranger to the deed" rule expressed in...). HUTCHISON, Justice: In this appeal from the Circuit Court of Tyler County we examine the "stranger to the deed" rule. The deed in question conveyed land from the grantor to the grantee, but contained a clause requiring the grantee to give a third party - a "stranger" - the...

...action seeking, inter alia, a declaration that the defendant does not have a life estate in the property. The reservation of a life estate in the deed did not create a valid interest in favor of the defendant, who was a "stranger to the..., Suffolk County, for entry of an appropriate judgment. By deed dated November 15, 2001, Sarah Grund transferred title to certain real property to the plaintiffs "subject to a retained.... DECISION ORDER ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court...

...ref'd n. r. e.). Joiner holds that a reservation or exception in favor of a stranger to the deed conveys no title to such stranger. D. P. Bohannon was a stranger to the deed from R. E. D. Smith and...shows that in 1929 Ed Jackson and wife conveyed the land in question to D. P. Bohannon by a warranty deed which reserved an undivided 1/64th nonparticipating royalty interest in oil, gas and other...minerals. D. P. Bohannon and wife, through whom Plaintiffs claim, conveyed the land in question to R. E. D. Smith in 1930 by a warranty deed which did not mention the interest reserved by Jackson but...

...was the true grantee under the quitclaim deed to Machne Ohel of lots two and three. Generally, "a deed with a reservation or exception by the grantor in favor of a third party, a so-called `stranger to...; see Matter of Bauer v County of Tompkins, 57 AD3d 1151, 1152). There is an exception to this general rule, however, when the third party is found to be the real grantee under the deed ( see Nield v Jupiter, 175 App Div 732, 734, affd 226 NY 594). Here, although Eisner is a stranger to the...on the mortgage ( see Woodridge Hotel v Hotel Lake House, 281 AD2d 778) and obtained title to all five lots by referee's deed dated November 13, 2000. Notwithstanding the...

...is not involved in the transaction — i.e., a "stranger to the deed." See Johnson v. Peck, 90 Utah 544..., a "stranger to the deed," cannot claim any benefit to the right-of-way because she had no interest in the land at the time Heritage, Inc. conveyed the 1.58 acres to Villatek. Thus, we conclude...reserve an easement. However, Chadaz could have readily avoided the "stranger to the deed" problem by simply reserving an interest in her original conveyance of the land, or by Heritage, Inc. directly...

...complaint against her mother, the trustee under the deed of trust, and the beneficiary thereof, seeking a declaratory judgment that she has a life estate in the property, superior to the lien of the deed of trust. All three defendants filed demurrers. Relying on the common law rule that in a deed neither a reservation nor an exception in favor of a stranger to...ordinary words of exception or reservation, create in the stranger any title, right, or interest in the land conveyed, the chancellor entered an order sustaining the defendants' demurrers and dismissing the bill of complaint. The complainant appeals. 1. Under the common law, a grantor could not reserve an interest in real property for the benefit of a stranger to the deed. The..., must be made to all, some, or one of the grantors, and not to a stranger to the deed. A reservation is the creation of a new right or...

...exception or reservation to a third person, not a party to the deed, is void. ( Shep. Touch. 80; Co. Lit. 47 A; Moore v. The Earl of Plymouth, 3 Barn. Ald. 66; Hornbeck v. Westbrook, 9 John. 73.) The same is true of a condition, in favor of a stranger to.... The law will never, I think, imply a covenant in favor of a stranger to the deed; were it possible in this case, consistently with established rules, to connect the two deeds and bonds together, and...where the rule is adopted, are to be incorporated into one, of course, only those who have executed all the parts, can be held to have executed the complex whole. The deed...

...coal and other minerals in the property. Appellants contend that he did not, because (1) he was not named as a grantee in the caption of the deed, and (2) the words under consideration attempted to reserve and except from the real estate conveyed the coal and other minerals, not to the grantor, but to a stranger to...the title to a tract of land in Pike County, Kentucky, which is controlled by the construction to be given to a deed dated December 10, 1887, "by and between Alexander Johnson and Emeretty Johnson, his...wife, party of the first part, and Robert Hylton, party of the second part." By this deed the party of the first part conveyed to the party of the second part, his heirs and...

...declaratory relief is denied with respect to defendant Richard J. Smolian, as he defaulted in answering which precludes an award of summary judgment due to the failure to join issue and it is denied with respect to the other defendants, to whom, the Court awards reverse summary judgment and hereby declares that the “stranger to the deed” rule...right of first refusal, plaintiff now asserts that the right of first refusal held by the three answering defendants is contrary to the “stranger to the deed” rule and should be declared void and...unenforceable. That single assertion, which is before the Court, is apparently one of first impression. Upon review of this record, the Court finds that the “stranger to the deed” rule is...

...first time, that because his property was conveyed by the parties' common grantor subsequent to the common grantor's conveyance of plaintiff's property, there could be no easement by reservation. Defendant argues that plaintiff's title is a stranger to the common grantor's conveyance to defendant. The "stranger-to-the-deed" rule...party does not create a valid interest in favor of that third party. Defendant contends that the "stranger-to-the-deed" rule mandates reversal and dismissal of the complaint. The...reservation in defendant's deed differs from that in plaintiff's deed in that it contains the additional words: "to and from all other lands of the grantor lying anywhere between the last described lands...

...reservation, enuring solely to the grantor and giving no easement to G., a stranger to the deed. BRALEY, J.... As the defendant was not a party but a stranger to the deed she could gain no rights under the reservation which enured solely to the grantor, and for this reason she did not...by the defendant was conveyed to her by Nichols by a warranty deed in common form dated November 4, 1885. The land owned by the plaintiff was conveyed to one Warren Hoyt by Nichols, by a warranty deed...

...by the defendants Jonathan Smolian, Randy Smolian, and Darielle Smolian for two parcels of real property were void under the "stranger to the deed" rule, denied that branch of the plaintiffs' motion...providing that the subject parcels be maintained as open space on the ground that the issue was not justiciable, and, in effect, upon searching the record, awarded summary judgment to the defendants Jonathan Smolian, Randy Smolian, and Darielle Smolian declaring that the stranger to the deed rule...appealed from, is in favor of the defendants Randy Smolian, Jonathan Smolian, and Darielle Smolian, and against the plaintiffs, declaring that the stranger to the deed rule is not applicable and, thus...

...authority to make such reservation for road right of way purposes in a drainage deed; that such reservation was not to the grantor in the deed but in favor of a stranger to the deed; and lastly, that...created by the deed in question was in favor of a stranger to the deed, such reservation would be void. This contention, we think, would be tenable if it were premised upon a conclusion that the..., we conclude that the State of Florida was not a stranger to the deed or to the title. The reservation as made did not conflict with the powers and authority granted to the District nor was it inconsistent with the general rule that prohibits a reservation in favor of a stranger to a deed. See...