Smith v. Sink

In this appeal, we consider the correctness of a final decree which established a prescriptive easement when the landowner in whose favor the easement was established had not asked for that relief.

In 1972, James R. and Augustine D. Smith purchased a tract of land in Franklin County. Utilizing easements acquired from property owners whose land was situated between the Smith residence and Virginia State Route 679, the Smiths built a road which generally followed an old road. Robert E. Sink, Jr.’s predecessor in title owned a parcel of land adjacent to the Smiths’ property. In 1989, that owner…