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ELLIS v. SIMMONS

Record No. 042842.

619 S.E.2d 88 (2005)

270 Va. 371

Ernest L. ELLIS, et al. v. Garland P. SIMMONS, et al.

Supreme Court of Virginia.

September 16, 2005.

Attorney(s) appearing for the Case

Steven R. Grant for appellants.

Robert T. Wandrei, Bedford (Radford & Wandrei, on brief) for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS and AGEE, JJ., and RUSSELL, S.J.

RUSSELL, Senior Justice.

This appeal presents the question whether a landowner, seeking to establish a prescriptive easement over the lands of neighboring owners, must show the boundaries of the land he claims to be the dominant estate.

The essential facts are undisputed. Reid Jones, Jr. acquired a number of contiguous parcels of land in the Diamond Hill area of Bedford County, beginning in the 1960's. Jones died in 1996 and devised all of this property, then...

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