BURDETTE v. BRUSH MOUNTAIN ESTATES, LLC

Record No. 082079.

682 S.E.2d 549 (2009)

278 Va. 286

Kelly BURDETTE v. BRUSH MOUNTAIN ESTATES, LLC.

Supreme Court of Virginia.

September 18, 2009.


Attorney(s) appearing for the Case

Frank K. Friedman (Kendall O. Clay; Woods Rogers, on briefs), Roanoke, for appellant.

Edwin C. Stone (Stone & Kellerman, on brief), Christiansburg, for appellee.

Present: All the Justices.


OPINION BY Justice CYNTHIA D. KINSER.

In this appeal, we consider two questions: (1) whether the provisions of Code § 55-2, requiring that estates in lands be conveyed by a deed or will, apply to the conveyance of an easement; and (2) whether the circuit court erred in determining that two certain parcels of real property are encumbered with a 50-foot easement for ingress, egress, and public utilities. Although we conclude that Code § 55-2 is inapplicable...

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