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Burdette v. Brush Mountain Estates
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…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Sep 18, 2009
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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, 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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