Hopkins v. Virginia Highland Assocs.

Because the letter creating a sewer easement across the defendant's property was misindexed in the county's property records, the letter did not constitute record notice to the defendant.

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The central issue in these appeals is whether Jerry Hopkins purchased his property with notice of a sewer easement in favor of Virginia Highland Associates and Stuart Meddin as general partner of Virginia Highland Associates hereinafter referred to as “Meddin.”.1 On motion for summary judgment, the trial court concluded as a matter of law that an easement existed, of which Hopkins was on notice when he purchased the property. The trial court further concluded Meddin’s improper maintenance of the sewer constituted a nuisance. All parties appeal from these rulings. Because we conclude that several genuine issues of material fact exist, particularly as to whether Hopkins purchased the property with notice of the easement, we reverse.

These cases arose after residential property owned by Hopkins began experiencing sewer problems. Hopkins’s property abutted Meddin’s property, which consisted of restaurant and retail businesses. In August 1997, Hopkins notified Meddin that he had discovered sewer line connections to his property from at least three restaurants and that these restaurants were dumping grease and other items through the sewer system. Believing these to be illegal sewer connections, Hopkins asked Meddin to produce documentation showing access to the property or terminate the sewer connection. After Hopkins and Meddin unsuccessfully attempted to resolve any dispute as to repair of the sewer line, Hopkins threatened to terminate the connection. Meddin filed a petition for declaratory and injunctive relief seeking, among other things, a declaration that he had obtained an easement on Hopkins’s property and that any interference with the easement constituted a private nuisance. The trial court granted temporary injunctive relief, enjoining Hopkins from interfering with Meddin’s use of the sewer line. Hopkins answered and counterclaimed, alleging that operation of the sewer line constituted a trespass and a nuisance. He also sought bad faith penalties.

Hopkins v. Virginia Highland Assocs.

Because the letter creating a sewer easement across the defendant's property was misindexed in the county's property records, the letter did not constitute record notice to the defendant.

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