Sanderlin v. Baxter

Citations

• 76 Va. 299
• 1882 Va. LEXIS 33

Syllabus

<p>1. Easements.—Whenever one of two tracts owned by same person, an easement exists in favor of the other, and one is conveyed, whether the easement passes depends on the terms of the grant. If expressed, the terms prevail; if1 not expressed, its passage, as incident, will be presumed when the easement is apparent, continuous, and necessary.</p> <p>2. Idem—Injunctions.—Easements annexed to private estates will be protected by injunction where the injury would be irreparable—that is, an injury which is grievous, or material, and not adequately reparable by damages. Where, the easement has long been enjoyed, and delay would be disastrous, the right will not be required to be first established at law.</p> <p>3. Case at bar.—“ Woodlawn” and “Fairfield,” separated only by public road, were owned by W, who drained former by ditches through latter to river. In 1811 he granted “Woodlawn” to A'(under whom plaintiff claims). In 1820 he devised “ Fahfield ” to D (under whom defendant claims). Deed and will are silent about draining. In 1878 defendant undertook to stop up the ditches, and plaintiff obtained an injunction. When “ Woodland” was granted, the ditches were open and visible, and, except for a brief time, had been used continuously to drain it. It could be drained in no other way, except by heavy expenditure. They were necessary to the proper enjoyment of the premises.</p> <p>Held :</p> <p>1. In this case injunction lies.</p> <p>2. The injunction was granted by the county judge, and perpetuated by the circuit court. If the former liad no such authority, his order was simply inoperative; and the circuit court had authority at the hearing to award the injunction.</p> <p>3. Quaere: Has a county judge authority to award an injunction? Code 1873, ch. 174, § 6, and ch. 154 § 4, Acts 1874, ch. 144, § 4.</p>