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State court of last resort · ST-VA-SC
Clifton v. Wilkinson
No. 121232Supreme Court of Virginia
121232 Clifton v. Wilkinson 09/12/2013 In a declaratory judgment proceeding for an easement by necessity, because the plaintiff's 10-acre tract did not become landlocked by a conveyance from a former owner sev…
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121232 Clifton v. Wilkinson 09/12/2013 In a declaratory judgment proceeding for an easement by necessity, because the plaintiff's…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Sep 12, 2013
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121232 Clifton v. Wilkinson 09/12/2013 In a declaratory judgment proceeding for an easement by necessity, because the plaintiff's 10-acre tract did not become landlocked by a conveyance from a former owner severing a former unity of title, no implied grant of a right of ingress and egress arose. A former common ownership of the dominant and servient tracts, at some time in the past, is immaterial; such unity of ownership must exist at the time that the necessity arises in order to give rise to an easement by necessity. The tract at issue suffered damages by the taking of its access rights by eminent domain, and those damages were compensable in the condemnation proceeding, but the condemnat…
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