Tort Law

 This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of abutting property owner and the related topic of premises liability. 

Abutting Property Owner:Cases

1989 Langley v. Meredith, 237 Va. 55, 376 S.E.2d 519.

Respective riparian right of abutting property owner is discussed.

1977 Votsis v. Ward’s Coffee Shop, Inc., 217 Va. 652, 231 S.E.2d 236.

Plaintiff tripped and fell on sidewalk. Mere fact that abutting property owner received benefit from sidewalk, imposes no duty on defendants to pedestrians to maintain and repair public sidewalk which was constructed by city. City has positive and nondelegable duty to keep and maintain its streets and sidewalks.

1976 Newport News v. Hertzler, 216 Va. 587, 221 S.E.2d 146.

Plaintiff complained of problems with trash, noise and public toilets in adjoining park. No nuisance. Interference of plaintiff’s enjoyment of property must be substantial, i.e., more than just sporadic and isolated annoyances.

1963 Ames & Webb, Inc. v. Commercial Laundry Co., 204 Va. 616, 133 S.E.2d 547.

Excavation on property adjacent to plaintiff’s building resulted in cracking of plaintiff’s foundation. Verdict for plaintiff.

1958 Coal Corp. v. Salyer, 200 Va. 18, 104 S.E.2d 50.

Where dynamite blast is alleged to have cut off flow of underground water, burden is on plaintiff to show that spring was fed by other than percolating waters, and if fed by subterranean stream, that defendant should reasonably have known this from surface conditions.

1956 Golf Club v. Briggs, 198 Va. 586, 95 S.E.2d 233.

Abutting property owner was enjoined from diverting water and debris on to plaintiff’s land and award of damages was allowed.

1952 Howlett v. City of South Norfolk, 193 Va. 564, 69 S.E.2d 346.

Owner of land cannot collect surface water into artificial channel or volume and pour it upon land of another to his injury.