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State court of last resort · ST-VA-SC
Amstutz v. Everett Jones Lumber Corp.
No. 040134Supreme Court of Virginia
040134 Amstutz v. Everett Jones Lumber Corp. 11/05/2004 In two collected suits involving asserted prescriptive easement rights over a roadway on private land, there was not credible evidence to support the cir…
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040134 Amstutz v. Everett Jones Lumber Corp. 11/05/2004 In two collected suits involving asserted prescriptive easement rights ov…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 5, 2004
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040134 Amstutz v. Everett Jones Lumber Corp. 11/05/2004 In two collected suits involving asserted prescriptive easement rights over a roadway on private land, there was not credible evidence to support the circuit court finding that a lumber company and an adjoining landowner had established such an easement under the clear and convincing evidence standard. Use of the roadway was not of sufficient continuity to give notice to the owners of the putative servient tenement that an easement was being exercised for agricultural, forestry, timbering or logging purposes. The judgment of the circuit court granting the prescriptive easement is reversed.
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· Supreme Court of Virginia
ReversedGranted
The court's record, as written
040134 Amstutz v. Everett Jones Lumber Corp. 11/05/2004 In two collected suits involving asserted prescriptive easement rights over a roadway on private land, there was not credible evidence to support the circuit court finding that a lumber company and an adjoining landowner had established such an easement under the clear and convincing evidence standard. Use of the roadway was not of sufficient continuity to give notice to the owners of the putative servient tenement that an easement was being exercised for agricultural, forestry, timbering or logging purposes. The judgment of the circuit court granting the prescriptive easement is reversed.
Outcome words in this text: granting, reversed.
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