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V★TE FILESUnited States edition
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State court of last resort · ST-VA-SC

Burdette v. Brush Mountain Estates

No. 082079Supreme Court of Virginia

082079 Burdette v. Brush Mountain Estates 09/18/2009 Code § 55-2, requiring that estates in land be conveyed by a deed or will, does not apply to the conveyance of an easement because an easement is not an est…

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082079 Burdette v. Brush Mountain Estates 09/18/2009 Code § 55-2, requiring that estates in land be conveyed by a deed or will, d…

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Court
Supreme Court of Virginia
First seen
Oct 4, 2026
Last entry
Sep 18, 2009
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Docket entry

082079 Burdette v. Brush Mountain Estates 09/18/2009 Code § 55-2, requiring that estates in land be conveyed by a deed or will, does not apply to the conveyance of an easement because an easement is not an estate in land. Nevertheless, the trial court erred in concluding that language appearing on a plat incorporated for descriptive purposes in deeds evidencing the conveyance of the servient estate was sufficient to convey an easement benefiting a third party, where neither the deeds nor the plat contained operative words of conveyance sufficient to demonstrate the manifest intention to grant an easement. The judgment of the circuit court is reversed and the case is remanded for the entry o…

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