Hayes v. Aquia Marina, Inc.
Supreme Court of Virginia
414 S.E.2d 820 (1992)
Aquia Marina, Inc. (defendant), a small commercial marina, held a right-of-way easement across Hayes's (plaintiff) property, described in the deed as a "private roadway" providing access to and from a public highway. The marina, operating since 1964 with 84 boat slips, received approval to expand to 280 slips and wanted to pave the access road as part of that expansion. Hayes sought to enjoin the expansion, arguing it would overburden his land beyond what the easement allowed. The trial court found no history of traffic problems, found the expansion would not create new ones, found the marina's basic commercial character would not change, and found paving to be a reasonable improvement, so it refused to enjoin the expansion. Hayes appealed.
Whether an increase in the degree of burden on a right-of-way easement — without a change in the underlying nature of that burden — may be enjoined when the easement was not expressly limited to a particular use.