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Lindsey v. Clark
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Lindsey v. Clark | |
Court | Virginia Supreme Court |
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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.
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