Eaton v. Baer (U)

The circuit court erred in denying the plaintiffs’ easement by necessity over the defendant’s land, which lies between the plaintiffs’ land and the public road. The decision below was based on the plaintiffs’ failure to prove that the county would approve a road they sought to build. But an easement by necessity is not predicated on whether or not a road can be built in the easement. Infeasibility of a particular aspect of a proposed path of an easement by necessity is not a basis for denying an easement altogether.

Reversed and remanded.

Eaton v. Baer (U), No. 171709, Oct. 11, 2018. SCV (per curiam) from Loudon.

Categories: Opinions, Supreme Court of Virginia, Unpublished


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