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SHENANDOAH ACRES v. D.M. CONNER, INC.

Record Nos. 972263, 972266.

505 S.E.2d 369 (1998)

SHENANDOAH ACRES, INCORPORATED v. D.M. CONNER, INCORPORATED. ACRES SAND & STONE, L.L.C. v. D.M. CONNER, INCORPORATED.

Supreme Court of Virginia.

September 18, 1998.

Attorney(s) appearing for the Case

Randall T. Perdue (Colin J.S. Thomas, Jr.; Timberlake, Smith, Thomas & Moses, on briefs), Staunton, for Shenandoah Acres, Incorporated.

James W. Barkley (Daniel J. Meador, Jr.; Morin & Barkley, on briefs), Charlottesville, for Acres Sand & Stone, L.L.C.

C. Lynn Lawson (Franklin, Denney, Ward & Lawson, on brief), Waynesboro, for appellee.

Present: All the Justices.

KOONTZ, Justice.

In these appeals we consider whether the trial court properly determined that the owner of a non-exclusive easement may limit access to the easement by the servient landowner and its lessee.

Background

Since 1957, D.M. Conner, Incorporated (Conner) and its predecessors have held a mineral interest in the northeastern corner of property owned by Shenandoah Acres, Incorporated (Shenandoah) for the purpose of mining sand and...

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