Pizzarelle v. Dempsey

In this appeal, we address two questions: (1) whether an easement has been partially abandoned, and (2) if not, whether an encroachment on the easement is too insubstantial to warrant injunctive relief. Because we answer both of these questions in the negative, we will reverse the judgment of the circuit court denying injunctive relief to the dominant owners of the easement.

FACTS AND PROCEEDINGS

The easement at issue in this appeal was established in a written “Deed of Easement” recorded in the Circuit Com! of Fairfax County Clerk’s Office in December 1987. At that time, Merryhill Joint…