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WASKEY v. LEWIS

Record No. 800887.

294 S.E.2d 879 (1982)

Ray WASKEY v. Henry R. LEWIS, Daisey L. Powell and Randy Green.

Supreme Court of Virginia.

September 9, 1982.

Attorney(s) appearing for the Case

James A. Butts, III, South Hill, for appellant.

James T. Edmunds, Kenbridge, for appellees.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

RUSSELL, Justice.

In this case we must decide whether a recorded right of way, granted "without let or hindrance," may be restricted by gates erected by the owner of the servient tenement. Appellees Lewis, Powell and Green, owners and tenant of a dominant tenement, brought a chancery suit against appellant Waskey, owner of the servient tenement, seeking the removal of certain gates and gateposts which Waskey had erected...

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