Carter v. County of Hanover

In this appeal involving a suit between adjoining landowners, we consider whether an easement from previous use has been established.

BACKGROUND

The tracts of land in question were once part of an estate in Hanover County commonly known as Courtland. In 1965, Courtland was owned by John Worthington Whaley and Katherine Cox Whaley and consisted of 755 acres bordered generally on the north by Mechumps Creek and Garland Hill, an estate owned by the Carter family, 1 and on the east by Broadneck, a tract owned by the Commonwealth. U.S. Route 301 bisected Courtland, but for present purposes we are…