Yates v. Town of Warrenton

Citations

• 84 Va. 337
• 4 S.E. 818
• 1888 Va. LEXIS 85

Syllabus

<p>Highways—Dedication—Adverse uses-—Nullum tempus.—Trastees in 1811 laid off town locating a street 23 feet wide. Survey showed that plaintiff had all the land called for by his deed and included within his enclosure 23 inches of said street. He proved that he had had long adverse user of said strip:</p> <p>Held:</p> <p>1. There was a dedication and acceptance of the streets as located by the trustees.</p> <p>2. The possessor can acquire no right nor title to any part of such highway by adverse possession thereof for any length of time whatever.</p> <p>Idem—Nuisance—Remedy.—-Any unauthorized obstruction of such highway, is an indictable nuisance. And when a municipality has control of its streets, it may proceed in its corporate name to prevent or remove obstructions therein by judicial proceedings.</p>