Fuller-Ahrens Partnership v. S.C. Deparment of Highways & Public Transportation

The majority opinion is premised upon the view that FullerAhrens had constructive notice of the Department’s easement to install a 140' (length) by 18" (diameter) reinforced concrete pipe across the property of Fuller-Ahrens. The majority supports this holding by referring to the Department’s right-of-way deed which makes reference to the 1956 condemnation plans.

The law imputes to a purchaser of real estate notice of the recitals contained in any properly recorded writing which forms a link in his chain of title. Carolina Land Co. v. Bland, 265 S.C. 98, 107, 217 S.E. (2d) 16, 20 (1975); Moyle…