Walton v. Capital Land, Inc.
Supreme Court of Virginia
477 S.E.2d 499 (1996)
An easement conveyed as an exclusive easement of right of way for ingress and egress to a state route was later acquired, along with the adjacent servient property owner's role, by Walton (defendant) and Capital Land (plaintiff) respectively; Capital's recreational business generated roughly 30,000 annual users of the easement, and Walton allegedly barricaded, harassed patrons on, and flooded the easement, prompting Capital to sue for an injunction and a declaration that its exclusive easement let it exclude even Walton from the easement area. The trial court agreed Capital could exclude Walton, and Walton appealed.
Whether an exclusive easement that gives the beneficiary use rights also gives the beneficiary the right to exclude others, including the servient landowner, from the easement area.