You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

McCreery v. Chesapeake Corp.

Citations: 220 Va. 227; 257 S.E.2d 828; 1979 Va. LEXIS 257Docket: Record No. 771496

Court: Supreme Court of Virginia; August 30, 1979; Virginia; State Supreme Court

Narrative Opinion Summary

The case involves an appeal in a property dispute between Chesapeake Corporation and the McCreerys regarding a five-acre parcel of land and the construction of a roadway. Chesapeake sought an injunction against the McCreerys for unauthorized use and claimed damages for property destruction. The trial court ruled in favor of Chesapeake, extinguishing the McCreerys' claimed easement and awarding damages. The McCreerys appealed, arguing that their right-of-way was preserved in historical deeds. The court analyzed the 1914 deed and determined it reserved an easement exclusively for Route 212, which was extinguished with the road's closure. Subsequent deeds did not create new easements for the McCreerys. The court upheld the trial court's decision, finding that the easement's purpose ceased with the road's closure, thus supporting Chesapeake's claims. The McCreerys’ contention that their access rights were preserved in later deeds was rejected, as these deeds were found to merely recount historical encumbrances without granting new easements.

Legal Issues Addressed

Extinguishment of Easement

Application: The easement was deemed extinguished due to the closure of Route 212 and the subsequent opening of Route 608, as the original purpose for the easement no longer existed.

Reasoning: The chancellor affirmed that the 1914 deed was definitive, and the easement was extinguished because the purpose for which it was granted ceased with the closure of Route 212 and the opening of Route 608.

Interpretation of Easement in Deeds

Application: The court determined that the language of the 1914 deed reserved an easement solely for access to Route 212, excluding other potential routes.

Reasoning: The chancellor interpreted the 1914 deed as reserving a right-of-way over Tract B to Route 212. He noted the singular use of 'his property' indicated that it referred solely to Harden's land west of Tract B, excluding Tract A.

Reservation of Easement in Subsequent Deeds

Application: The court found that subsequent deeds merely recited historical encumbrances and did not create new easements for the McCreerys.

Reasoning: The chancellor determined that the language in the 1934 and 1935 deeds merely recited historical encumbrances and did not create new easements for the McCreerys, who were not parties to the deeds.