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Lindsey v. Clark: Difference between revisions
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|case_treatment=No | |case_treatment=No | ||
|facts=Floyd Clark owned 4 adjoining lots with his wife Helen. In 1937, the Clark couple conveyed 2 of the adjoining lots to their daughter & her husband. | |facts=Floyd Clark owned 4 adjoining lots with his wife Helen. In 1937, the Clark couple conveyed 2 of the adjoining lots to their daughter & her husband. | ||
The Clark progeny couple sold their lots with a Clark easement to Lindsey in 1944. The 1944 deed didn't specify any easement! | |||
|rule="Use it or lose it" is the maxim related to an abandonment of an [[easement]]; on the other hand, verbally informing the property owner of the plan to not use an easement any longer is '''release'''. | |rule="Use it or lose it" is the maxim related to an abandonment of an [[easement]]; on the other hand, verbally informing the property owner of the plan to not use an easement any longer is '''release'''. | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 16:18, April 9, 2023
| Lindsey v. Clark | |
| Court | Virginia Supreme Court |
|---|---|
| Citation | |
| Date decided | March 10, 1952 |
Facts
Floyd Clark owned 4 adjoining lots with his wife Helen. In 1937, the Clark couple conveyed 2 of the adjoining lots to their daughter & her husband.
The Clark progeny couple sold their lots with a Clark easement to Lindsey in 1944. The 1944 deed didn't specify any easement!Rule
"Use it or lose it" is the maxim related to an abandonment of an easement; on the other hand, verbally informing the property owner of the plan to not use an easement any longer is release.
