Clifton v. Wilkinson

Summary

The Supreme Court of Virginia held that an easement by necessity does not arise when property becomes landlocked through an exercise of eminent domain rather than through a conveyance severing a unity of title. The court concluded that any damages resulting from the loss of access were compensable in the condemnation proceeding and reversed the circuit court’s judgment granting an easement.

Holdings

1. An easement by necessity does not arise when a parcel becomes landlocked by the exercise of eminent domain. Such an easement requires that the necessity for access arise simultaneously with a conveyance that severs a former unity of title.
2. The circuit court erred in declaring an easement by necessity because the record did not establish a qualifying conveyance-based severance that caused the parcel to become landlocked.

Questions Presented

1. Whether an easement by necessity can arise when a parcel becomes landlocked by an eminent-domain taking rather than by a conveyance severing a former unity of title.
2. Whether the circuit court properly declared that Wilkinson had a right of ingress and egress over the Cliftons' access lane.

Disposition

reversed