Palmer v. R.A. Yancey Lumber Corp.
Virginia Supreme Court
803 S.E.2d 742 (2017)
R.A. Yancey Lumber (plaintiff) held an easement by necessity across Palmer's (defendant's) property for access to a landlocked timber parcel since 1828, and sought to widen the road in three locations to accommodate large tractor-trailers for its first timber harvest since the 1980s, arguing this was the most efficient hauling method; two neighboring landowners agreed to the modifications, but Palmer refused. The trial court found tractor-trailer access reasonably necessary and approved the specific road modifications, and Palmer appealed, arguing the court unlawfully expanded the easement's scope.
Whether an easement by necessity may expand as reasonably necessary for the development of the property it serves over time without the underlying property owner's consent, unless the modification unreasonably burdens the underlying property.