LEE'S HILL HOMEOWNERS v. CARTER

Record No. 942231.

464 S.E.2d 345 (1995)

LEE'S HILL HOMEOWNERS, et al. v. Ralph Dewayne CARTER, et al.

Supreme Court of Virginia.

November 3, 1995.


Attorney(s) appearing for the Case

Michael J. George, Richmond, for appellants.

Mark S. Gardner, Spotsylvania (Gardner, Maupin & Sutton, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, STEPHENSON, LACY, HASSELL, KOONTZ, JJ., and WHITING, Senior Justice.


WHITING, Senior Justice.

In this appeal, we decide whether the chancellor erred in holding that an instrument creating easements in the common area of a subdivision permits the developer to shift those easements from one part of the common area to a newly added part of the common area.

In December 1989, Lee's Hill Partnership, the owner and developer of a tract of over 1,000 acres in Spotsylvania County (the developer), recorded a "Declaration for Lee's Hill...

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