Defendants had granted to the city of Lynchburg an easement to "lay, construct, operate, inspect, repair and perpetually maintain water or conduit lines with all the necessary fixtures and appurtenances . . . " Pursuant to this grant, the city had laid down a conduit of redwood staves which has now decayed. In this action, the city seeks to enjoin the defendants from interference with the laying down of a new cast-iron conduit which would require the utilization of an additional six feet of land. Held, that the parties had defined their rights under an indefinite grant, and the laying of the additional pipe by the city would therefore go beyond its servitude to the prejudice of the defendants. City of Lynchburg v. Smith, 166 Va. 364, 186 S. E. 51 (1936).
Michigan Law Review,
EASEMENTS - RIGHT TO LAY ADDITIONAL PIPES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol35/iss6/17