SMITH v. SINK

Record No. 930528.

442 S.E.2d 646 (1994)

James R. SMITH, et al. v. Robert E. SINK, Jr.

Supreme Court of Virginia.

April 15, 1994.


Attorney(s) appearing for the Case

Frank K. Friedman, Roanoke (Thomas J. Hall, Mark D. Loftis, Woods, Rogers & Hazlegrove, on briefs), for appellants.

Beth Kathryn Roland, Roanoke (William Hitchcock Lindsey, Bounds & Dorsey, on brief), for appellee.

Present: All the Justices.


LACY, Justice.

In this appeal, we consider the correctness of a final decree which established a prescriptive easement when the landowner in whose favor the easement was established had not asked for that relief.

In 1972, James R. and Augustine D. Smith purchased a tract of land in Franklin County. Utilizing easements acquired from property owners whose land was situated between the Smith residence and Virginia State Route 679, the Smiths built a road which...

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