Legal Opinion

Donnelly v. C & E Partnership

Alexandria County Circuit Court

Decided October 22, 1984No. Case No. (Chancery) 15217Published

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

  1. Robertson v. RobertsonSupreme Court of Virginia · 1973
  2. Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
  3. Craig v. KennedySupreme Court of Virginia · 1961
  4. Bellenot v. Laube'sSupreme Court of Virginia · 1906
  5. Esquire Estates, Inc. v. KrakowDistrict Court of Appeal of Florida · 1971

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