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HAISFIELD v. LAPE

Record Nos. 012881, 020092.

570 S.E.2d 794 (2002)

264 Va. 632

Audrey Lea HAISFIELD and Laurel Ridge, LLC v. Kenneth R. LAPE, Trustee of the Kenneth R. Lape Living Trust and Barbara Gsand Lape, Trustee of the Barbara Gsand Lape Living Trust. Kenneth R. Lape, Trustee of the Kenneth R. Lape Living Trust and Barbara Gsand Lape, Trustee of the Barbara Gsand Lape Living Trust v. Audrey Lea Haisfield and Laurel Ridge, LLC.

Supreme Court of Virginia.

November 1, 2002.

Attorney(s) appearing for the Case

Robert A. Angle (James C. Roberts; Troutman Sanders, on briefs), for appellants (Record No. 012881).

John G. Berry (Berry & Early, on brief), for appellees (Record No. 012881).

John G. Berry (Berry & Early, on brief), for appellants (Record No. 020092).

Robert A. Angle (James C. Roberts; Troutman Sanders, on brief), for appellees (Record No. 020092).

Present: All the Justices.

Opinion by Justice DONALD W. LEMONS.

In this consolidated appeal, we consider whether a "line-of-sight" or "view" easement* renders title to the property at issue unmarketable, thereby justifying the buyers' refusal to close the transaction.

I. Facts and Proceedings Below

On February 14, 2000, Audrey Lea Haisfield and Laurel Ridge, LLC (collectively, "Haisfield") entered into a land sale contract ("Purchase Agreement...

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