Walton v. Capital Land, Inc.

477 S.E.2d 499 (1996)

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Walton v. Capital Land, Inc.

Supreme Court of Virginia
477 S.E.2d 499 (1996)

Facts

In 1980, Willow Investment Corporation (Willow) conveyed a tract of land to Norman E. Walton (defendant). Willow retained an easement described as an “exclusive easement of right of way for purpose of ingress and egress to State Route 33.” Capital Land, Inc. (Capital) (plaintiff) acquired an adjacent tract and Willow’s easement over Walton’s property. Capital operated a recreational facility on its property and approximately 30,000 of Capital’s patrons used the easement each year. Walton allegedly barricaded the easement, harassed Capital’s patrons using the easement, and flooded the easement. Capital sued to enjoin Walton from interfering with Capital’s use of the easement. Capital also requested a declaration that Capital had the exclusive right to use the easement, including an ability to exclude Walton’s use of the easement. The trial court found that Capital had the exclusive right to determine who may use the easement, including the right to exclude Walton’s use of the easement. Walton appealed.

Rule of Law

Issue

Holding and Reasoning (Lacy, J.)

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