McNEIL v. KINGREY

Record No. 860469.

377 S.E.2d 430 (1989)

Rodney W. McNEIL, Executor and Trustee Under the Will of I.N. McNeil, Deceased v. Otey L. KINGREY, et al.

Supreme Court of Virginia.

March 3, 1989.


Attorney(s) appearing for the Case

G. Steven Agee (Charles H. Osterhoudt, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C., Roanoke, on briefs), for appellant.

William C. Maxwell (Jolly, Place, Fralin & Prillaman, P.C., Roanoke, on brief), for appellee.

Present: CARRICO, C.J., and POFF, COMPTON, STEPHENSON, RUSSELL, THOMAS and WHITING, JJ.


WHITING, Justice.

In this case, we decide whether the claimants of prescriptive rights of way over a rural dirt road near the City of Roanoke have borne their respective burdens of proof. In addition, we determine who bears the burden of showing not only the nature and character of a proposed change in the prescriptive use, but also that such change will cast no additional burden on the servient tract.

Otey L. Kingrey, T.R. Leslie, Juanita Long Kingrey, Hortense...

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