Cushman Virginia Corp. v. Barnes

129 S.E.2d 633 (1963)

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Cushman Virginia Corp. v. Barnes

Virginia Supreme Court
129 S.E.2d 633 (1963)

CS

Facts

Midway was a farm in Albemarle County, Virginia, which consisted of almost 1,000 acres. It was divided into three large lots by deed in 1895. Lot one was bordered by a public road. The deed for lot two included an easement via a farm road over lot one to access the public road, and the deed for lot three included an easement to access the same farm road across both lot two and lot one. Cushman Virginia Corporation (Cushman) (plaintiff) acquired parts of lot three in 1943 and 1944. Donald Barnes (defendant) acquired parts of lots one, two, and three in 1947 and 1952. Other means of access had been developed to the land Cushman purchased, and the farm road was no longer used as the primary means of access. A number of years later, Cushman informed Barnes that it intended to use the farm road in connection with its planned subdivision of its land. Barnes objected to this planned use of the farm road over on his land. Cushman brought a complaint against Barnes, seeking to establish that its land did in fact hold an easement appurtenant to the farm road over Barnes’s land and to enjoin Barnes from interfering with Cushman’s use of this right of way. The lower court found that Cushman’s land had a right of way to the farm road over Barnes’s land but limited its width and Cushman’s use of it. Cushman appealed from these limitations.

Rule of Law

Issue

Holding and Reasoning (Carrico, J.)

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