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DAVIS v. HENNING

Record No. 941971.

462 S.E.2d 106 (1995)

Richard F. DAVIS, et al. v. John T. HENNING, et al.

Supreme Court of Virginia.

September 15, 1995.

Attorney(s) appearing for the Case

Joseph R. Mayes, Virginia Beach (Richard E. Slaney; Wolcott, Rivers, Wheary, Basnight & Kelly, on briefs), for appellants.

Carl W. Isbrandtsen, Virginia Beach (Isbrandtsen, Fancher & Jeffords, on brief), for appellees.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, WHITING, LACY, HASSELL and KEENAN, JJ.

LACY, Justice.

In this appeal, we determine whether a parcel of land is burdened by an easement which provides an adjacent parcel with access to a public road.

In 1993, John T. Henning and David J. Cross filed a bill of complaint seeking to prohibit Richard F. Davis and Amelia D. Davis (collectively Davis) from using a dirt road that crosses their property. Davis responded to the bill of complaint, asserting that he was entitled to use the road, relying on...

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