FORSTER v. HALL

Record No. 021086.

576 S.E.2d 746 (2003)

265 Va. 293

Richard A. FORSTER v. James S. HALL, et al.

Supreme Court of Virginia.

February 28, 2003.


Attorney(s) appearing for the Case

James R. Henderson, IV (Henderson & Decourcey, on brief), Tazewell, for appellant.

Gregory S. Matney; Stephen E. Arey (Campbell & Matney, on briefs), Tazewell, for appellees.

Present: LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO and COMPTON, S.JJ.


LAWRENCE L. KOONTZ, JR., Justice.

In this appeal, we consider whether the chancellor correctly determined that an implied reciprocal negative easement prohibits the placement of "mobile homes" on all the lots of a residential subdivision. We further consider whether the chancellor correctly determined that certain structures that were permanently annexed to the land are not in violation of the restriction imposed by this easement.

BACKGROUND

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