2015
Richardson v. Va. Elec. & Power Co.
Virginia Circuit Court
90 Va. Cir. 235
VEPCO was granted an easement in 1958 for the purpose of transmitting electric power. VEPCO sought to have the easement apportioned to allow the use of telephone communications. Court held that the only use previously granted was for electric transmission. VEPCO could not apportion it for a use not received from the original grantor. The owner of the servient estate can prohibit any use in excess of the terms of the easement’s creation.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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