Donnelly v. C & E Partnership
Alexandria County Circuit Court
1Opinion of the Court
By JUDGE ALBERT H. GRENADIER
The petitioner seeks a declaratory judgment that a wall, which was formerly part of his building, but which is now free-standing, and which is located entirely on his property, is not a party wall. The defendant partnership, on the other hand, contends that the wall in question is a party wall, and that it has acquired an easement by prescription therein.
In Bellenot v. Laube, 104 Va. 842 (1906), the Supreme Court of Virginia defined a party wall as "a dividing wall between two houses, to be used equally, for all the purposes of an exterior wall, by the respective…
2Cases cited5 opinions
- Robertson v. RobertsonSupreme Court of Virginia · 1973
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
- Craig v. KennedySupreme Court of Virginia · 1961
- Bellenot v. Laube'sSupreme Court of Virginia · 1906
- Esquire Estates, Inc. v. KrakowDistrict Court of Appeal of Florida · 1971