Marble Technologies, Inc. v. Mallon

Opinion by Justice S. BERNARD GOODWYN.

In this appeal, we consider whether an express easement created by a 1936 deed was stationary or moved with the changing mean high water line.

Background

In 1936, the Grand View Development Corporation dissolved and distributed most of a large tract of real estate in what is now the White Marsh Beach area of Hampton, Virginia, to its shareholders. The deed distributing the land stated

The parties to this deed take the above mentioned and described property subject to an easement on a twenty foot road as designated on the map recorded with this deed, which…