1914

Va. & Sw. Ry. Co. v. Nickels

Supreme Court of Virginia

116 Va. 792, 82 S.E. 693

Landowner alleged that Railway entered his land by force and made improvements without his consent or approval. After petition was filed, landowner sought compensation for the land taken, damages to the residue and compensation for the improvements by the Railway. Commissioners reported that $249.40 was owed to landowner for improvements. Trial court confirmed report and no exceptions by Railway were in the record. Supreme Court affirmed. If one builds on the land of another without a legal right to be there, the structures belong to the landowner. Objections not made in the trial court cannot be considered on appeal.

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