Hayes v. Aquia Marina: Difference between revisions
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|date=February 28, 1992 | |date=February 28, 1992 | ||
|subject=Property | |subject=Property | ||
| | |facts=Aquia Marina, Inc. ("Aquia") held an [[easement]] over the land of Hayes; the easement was the only way to access the marina by land. | ||
The original easement was written down in 1951. | |||
|procedural_history=Hayes filed a lawsuit asking the court to enjoin (prohibit) the expansion of the boat slips and docks of the Aquia and others. | |||
|issues=What happens if the use of the dominant estate substantially increases the burden on the servient estate to the easement? | |||
|holding=An easement created by grant may be used by the dominant estate for any purpose to which the dominant estate is reasonably devoted. | |||
|rule=A dominant estate may enjoy an [[easement]] over another parcel of property. | |rule=A dominant estate may enjoy an [[easement]] over another parcel of property. | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
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}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/hayes-v-aquia-marina-inc | |link=https://www.quimbee.com/cases/hayes-v-aquia-marina-inc | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}} | }} | ||
}} | }} | ||
Latest revision as of 03:40, July 14, 2023
| Hayes v. Aquia Marina | |
| Court | Virginia Supreme Court |
|---|---|
| Citation | |
| Date decided | February 28, 1992 |
Facts
Aquia Marina, Inc. ("Aquia") held an easement over the land of Hayes; the easement was the only way to access the marina by land.
The original easement was written down in 1951.Procedural History
Hayes filed a lawsuit asking the court to enjoin (prohibit) the expansion of the boat slips and docks of the Aquia and others.
Issues
What happens if the use of the dominant estate substantially increases the burden on the servient estate to the easement?
Holding
An easement created by grant may be used by the dominant estate for any purpose to which the dominant estate is reasonably devoted.
Rule
A dominant estate may enjoy an easement over another parcel of property.
