Hayes v. Aquia Marina, Inc., 243 Va. 255 

Supreme Court of Virginia

1992

Chapter

19

Title

Express Easements

Page

374

Topic

Interpretation and Extent

Quick Notes

o         No limit was place use of the easement.

o         The type of use cannot change.

o         The proposed marina expansion will not, "in and of itself," impose an "additional burden" upon the easement, even though the "degree of burden" may be increased

Book Name

Fundamentals of Modern Property Law: Rabin; Kwall, Kwall.  ISBN:  978-1-59941-053-1.

Issue

o         Whether an easement across the servient estates will be overburdened by the proposed expanded use of the dominant estate?  No.

Procedure

Trial

o         Agreed with commissioners report that the proposed expansion would not burden the easement

Supreme

o         Affirmed Trial Court.

T-Analysis

Type

Fee (Servient Estate)

Easement (Dominant Estate)

Party

Hayes

Aquia

Issue

o         Hayes contends that, by using the phrase, "private roadway," in the easement agreement, the parties to the agreement intended to limit the use of the easement to domestic purposes, thereby prohibiting commercial uses

o         Gnegy contends, on the other hand, that the agreement created an easement for access without limitation.

Evidence

o         Private road way prohibits commercial use.

o         Commissioners report says Perpetual easement exist

o         Right of way is used in the Predecessors written agreement.

o         Easement without use limitation.

Facts

Discussion

Reasoning

Rules

Pl Hayes

Df Aquia Marina

Description

o         Hayes alleged, inter alia, that a proposed expansion of a marina located on Gnegy's land (the dominant estate or marina property) would overburden the  easement across Hayes's lands (the servient estates).

o         Hayes, therefore, sought to have the trial court enjoin the proposed expanded use of the dominant estate.

Commissioners Report

o         (1) a perpetual easement exists across the servient estates for ingress to and egress from the dominant estate;

o         (2) the easement is not limited solely for domestic use, but may be used commercially by the marina and its customers and by boat owners and their guests;

o         (3) the proposed expansion of the marina from 84 to 280 boat slips is a reasonable use of the dominant estate;

o         (4) the resulting increase in traffic over the easement will not change the type, only the degree, of use and will not overburden the easement; and

o         (5) paving the easement is reasonable and a proper means of maintenance.

Trial Court

o         Confirmed the Report

Litigant Predecessors Written Agreement

o         for "the establishment of a certain roadway or right of way beginning at the Northern terminus of State Highway No. 666, and terminating at the property division line between [the servient estates], and where [the dominant estate] adjoins the same on the North side thereof" and for "the continuation of said right of way."

State Department of Highways Take over portion of roadway.

o         roadway beginning at the North terminus of said State Highway No. 666, and leading through [the servient estates]."

o         "approximately something less than one-half mile in length."

o         The "newly established private roadway" was "approximately 1,120 feet in length" and "fifteen feet wide along its entire distance."

o         The agreement provided that the parties thereto "shall have an easement of right of way over the entire length [thereof]."

Portion of easement because state highway

o         The record indicates that the portion of the easement, beginning at the northern terminus of State Highway No. 666, became a part of the state highway system in 1962.

Private roadway

o         The record also indicates that the "private roadway" is constructed of dirt and gravel.

Marina Before Expansion

o         84 boat slips.

Marina after Expansion

o         280 boat slips.

o         Expert testified that there had never been an access problem  to the marina.

Express Easement Rule

o         As a general rule, when an easement is created by grant or reservation and the instrument creating the easement does not limit the use to be made of it, the easement may be used for any purpose to which the dominant estate may then, or in the future, reasonably be devoted.

o         If there are no words limiting any particular use, then a change in reasonable use does not affect the easement.

o         However, you cannot change the type of use.

Hayes Argues

o         The phrase, "private roadway," in the easement agreement, the parties to the agreement intended to limit the use of the easement to domestic purposes, thereby prohibiting commercial uses.

Gnegy

o         The agreement created an easement for access without limitation.

o         The commissioner and the trial court adopted Gnegy's contention.

Court Comment on private roadway

o         The phrase is just descriptive and not restrictive.

o         Used to distinguish that portion of the easement that would not become a part of the state highway system from that portion of the easement that could be taken into the system

Court Comment on Limitation

o         Easement agreement contains no term of limitation.

o         The marinas use is reasonable for which it has been devoted.

Hayes Argues Burden

o         The proposed expansion of the marina will impose an additional and unreasonable burden upon the easement.

Court Comment - Burden

o         Hayes has the burden of proving this allegation.

o         Both the commissioner and trial court concluded that the proposed expansion would not burden the easement.

o         The commissioners report is presumed to be correct on appeal.

o         The proposed expansion will not, "in and of itself," impose an "additional burden" upon the easement, even though the "degree of burden" may be increased.

Hayes Argue Gnergys paving

o         Gnegy does not have the right to pave the easement.

o         Hayes says the owner of the dominant estate has the DUTY to maintain, but does not RIGHT to improve the easement.

Court Gnergys paving

o         The owner of a dominant estate has a duty to maintain an easement.

Dominant Estate Improvement Rule

o         The owner of a dominant estate has the right to make reasonable improvements to an easement, so long as the improvement does not unreasonably increase the burden upon the servient estate.

o         Such improvements include paving a roadway.

Courts Holding

o         Affirm findings.

Rules

Real Property Law > Limited Use Rights > Easements > Creation > Express Easements

o         As a general rule, when an easement is created by grant or reservation and the instrument creating the easement does not limit the use to be made of it, the easement may be used for any purpose to which the dominant estate may then, or in the future, reasonably be devoted.

Real Property Law > Limited Use Rights > Easements > General Overview

o         A party who alleges that a proposed expansion will impose an additional burden upon the easement has the burden of proving this allegation.

Civil Procedure > Appeals > Standards of Review > Plain Error > General Overview

o         On appeal, a decree confirming a commissioner's report is presumed to be correct and will be affirmed unless plainly wrong.

Real Property Law > Limited Use Rights > Easements > General Overview

o         The owner of a dominant estate has the right to make reasonable improvements to an easement, so long as the improvement does not unreasonably increase the burden upon the servient estate.

Class Notes