Linkenhoker v. Graybill

Citations

• 80 Va. 835
• 1885 Va. LEXIS 118

Syllabus

<p>1. Easements — Ways — Dominant and servient lands.- — Easements follow land into assignee’s hands. Division of dominant tract does not destroy easement. Owner of any portion may claim right so far as applicable to his portion; provided division does not impose additional charge on servient tracts.</p> <p>2. Idem— Way ex necessitate. — If one take conveyance of land surrounded by lands of his grantors and others, he can enforce a right of way under plea of necessity against none but his grantors.</p> <p>3. Idem — Case at bar. — L. bought part of the R. lands knowing how they were situated as to public roads, and that they were entitled to a right of way in one direction over G.’s lands to a public highway, and contracted with his grantors for a right of way out to a public highway over other lands than G.’s. He cannot now be permitted to abandon his said rights of way and have a public road established for his own exclusive use, and to the great damage of G., over G.’s land in another direction to a public highway.</p>