Legal Opinion

Preshlock v. Brenner

Supreme Court of Virginia

Decided November 25, 1987No. Record 841255PublishedCited by 19 opinions

1Opinion of the CourtStephenson, J.

The question presented in this appeal is whether a private party can acquire a prescriptive easement over land of another private party that is already subject to a public easement.

Robert and Linda Preshlock (the Preshlocks) brought this chancery suit against Janet M. Brenner and the City of Alexandria asking the trial court to determine that the Preshlocks had acquired a prescriptive easement. The alleged easement is located on land owned in fee simple by Brenner that is subject to a storm sewer easement previously conveyed to the City.

The facts, as alleged in the bill of complaint, are as…

2Cases cited11 opinions

  1. Sanders v. Roselawn Memorial Gardens, Inc.West Virginia Supreme Court · 1968
  2. City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
  3. Pettus v. KeelingSupreme Court of Virginia · 1987
  4. Willing v. BookerSupreme Court of Virginia · 1933
  5. Gordon v. HoySupreme Court of Virginia · 1971

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Brenner v. Lawyers Title Ins. Corp.Supreme Court of Virginia · 1990
  2. Community Feed Store, Inc. v. Northeastern Culvert Corp.Supreme Court of Vermont · 1989
  3. Price v. EasthamAlaska Supreme Court · 2003
  4. Dianne v. WingateDistrict Court of Appeal of Florida · 2012
  5. Walton v. Capital Land, Inc.Supreme Court of Virginia · 1996

14 more not listed; retrieve them via the Exa API.

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