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FORBES v. CANTWELL

Record No. 0212-22-3.

891 S.E.2d 742 (2023)

78 Va. App. 454

James Wenzel FORBES, et al., v. Jason W. CANTWELL.

Court of Appeals of Virginia, Lexington.

September 12, 2023.

Attorney(s) appearing for the Case

Meredith L. Yoder , ( Trevor B. Reid ; Parker, Pollard, Wilton & Peaden, P.C., on briefs), Richmond, for appellants.

John B. Simpson , (MartinWren, P.C., on brief), Charlottesville, for appellee.

Present: Judges Malveaux, Ortiz and Causey.

This appeal involves an express easement to benefit land, the dominant estate, owned by James Wenzel Forbes and Desirea Smolka Forbes ("the Forbeses"), burdening the land, the servient estate, of Jason W. Cantwell ("Cantwell"). After a trial to interpret the terms of the easement and to clarify, via declaratory...

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