Chaney v. Haynes

In this appeal, we consider whether the evidence is sufficient to support the trial court’s ruling that a prescriptive easement had been established. The dispositive issue is whether the plaintiffs proved an adverse use.

The property involved in this dispute is located in King and Queen County. In 1944, J.M. Garnett purchased a five-acre tract which he later subdivided. By deed, the Garnetts granted each lot purchaser

the right to use the strip of land 10-ft. wide over and along the northern boundary of this lot and over and along the northern boundary of all other lots in the Re-Subdivision…