Brown v. Haley

This appeal raises questions concerning res judicata and an implied easement to cross a certain strip of land for ingress and egress to and from Smith Mountain Lake.

By deed dated September 6, 1961, Rufus R. Brown and Sallie W. Brown conveyed to Appalachian Power Company (Apeo) the right to overflow and affect with water that portion of a tract of 321.75 acres to the 800-foot elevation and to enter below the 800-foot contour and clear the land for the impoundment of water. The deed reserved to the Browns the right to use the land below the 800-foot contour, as follows:

Grantors shall have the…