City of Richmond v. A. Y. Stokes & Co.

Citations

• 31 Va. 713

Syllabus

<p>1. In this state there may be a valid acceptance of an easement in a town without any distinct act of recognition by the corporate authorities of such town. The mere user, however, by the public of the locus in quo will not of itself constitute an acceptance, without l’egard to the character of the use and the circumstances and length of time under which it is claimed and enjoyed. But where property in a town is set apart for public use, and is enjoyed as such, and public and private rights acquired with reference to it and to its enjoyment, the law presumes such an acceptance on the part of the public as will operate an estoppel in pais and preclude the owner from revolting the dedication.</p> <p>2. A street of the city having been used according to a certain line from 1817 to 1S47, and having been graded and paved by the city authorities, without any objection or claim by the owners of the soil on which a part of the street was laid, and public and private rights having been acquired with reference to it and its enjoyment, its dedication to the public will be presumed, and the owner of the soil cannot revoke it.</p>