Lindsey v. Clark
Virginia Supreme Court
69 S.E.2d 342, 193 Va. 522 (1952)
- Written by Richard Lavigne, JD
Facts
Clark (defendant) owned four lots and sold a portion of two lots to his daughter. The deed to Clark’s daughter reserved a ten-foot wide easement for access to Clark’s other lots along the south line of the lots conveyed. After the conveyance, Clark began to use an area adjacent to the north line of the partial lots for access to Clark’s other lots. Clark’s daughter built a house on the partial lots that encroached upon the defined easement way. The partial lots were sold by Clark’s daughter and reconveyed by the purchaser to Lindsey (plaintiff). A dispute arose between Lindsey and Clark over Clark’s use of the access way for parking. Lindsey filed suit to enjoin Clark from any further use of the access way and claimed that Clark had lost all access rights by abandoning the easement way established by deed. The trial court concluded that Clark had not abandoned the southerly easement. The trial court ruled that it would not require Lindsey to undertake the expense of removing the encroachment of the house upon the southerly easement area so long as Lindsey continued to make the northerly access way available to Clark. Lindsey appealed.
Rule of Law
Issue
Holding and Reasoning (Buchanan, J.)
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