Shenandoah Acres, Inc. v. D.M. Conner, Inc.

In these appeals we consider whether the trial court properly determined that the owner of a non-exclusive easement may limit access to the easement by the servient landowner and its lessee.

Background

Since 1957, D.M. Conner, Incorporated (Conner) and its predecessors have held a mineral interest in the northeastern comer of property owned by Shenandoah Acres, Incorporated (Shenandoah) for the purpose of mining sand and gravel. In June 1982, by deed of exchange, Shenandoah granted to Conner’s principal shareholder and his wife a 50-foot easement from State Route 660 running east along the…