Scott v. Beutel

Citations

• 23 Va. 1

Syllabus

<p>1. One of two adjoining lots owned by the same parties is sold at auction under the decree of the court. At the time of the sale nothing is said of an easement running from the unsold lot through the one sold, for carrying the water from the former to a culvert in the street; and such easement was not to be seen on the lot sold, and was not known to the pru-chaser. The purchaser is entitled to have his lot free of the easement.</p> <p>2. Both lots having been owned by the same person, though he had constructed the drain or culvert more than fifteen years before the sale, for the benefit of both lots, there can be no right by prescription to the use of the easement by the owners of the unsold lot, as there could be no adversary possession or use of it, whilst both lots were owned by the same person.</p> <p>3. So long as the tenements were owned and occupied by one and the same person, no easement was created or began to be created in favor of the one and operating as a service or burden upon the other.</p>