Corbett v. Ruben

290 S.E.2d 847 (1982)

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Corbett v. Ruben

Virginia Supreme Court
290 S.E.2d 847 (1982)

Facts

Al Baker Maintenance Company (the company) owned two parcels of land. The company established, via written declaration, a car-parking easement on parcel 1, serving and appurtenant to parcel 2, upon which an apartment building was to be constructed. In 1964, the company conveyed parcel 2 to Saltz and parcel 1 to Baker. That same year, Baker signed and recorded a new declaration purporting to correct the scope and term of the easement. The 1964 document provided that it “created and established” a parking easement for seven cars on parcel 1 for the benefit of the owner and occupants of the apartments on parcel 2, or as long as the building exists. The declaration further stated that the easement constituted a covenant that ran with the title to parcel 1. Baker subsequently conveyed parcel 1 to Corbett (plaintiff) and Saltz subsequently conveyed parcel 2 to Ruben (defendant). Corbett brought an action against Ruben to quiet title. The parties agreed that, because it was impermissible for the company to make one portion of its estate servient to another portion, the 1962 declaration was invalid. Despite the invalidity of the 1962 document, the court found in Ruben’s favor, concluding that the 1964 document granted a parking easement on parcel 1 appurtenant to parcel 2. Corbett appealed.

Rule of Law

Issue

Holding and Reasoning (Poff, J.)

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