Bessie May Sanders v. Amos J. Easter

CourtCourt of Appeals of Virginia
DecidedFebruary 24, 2026
Docket0062252
StatusUnpublished

This text of Bessie May Sanders v. Amos J. Easter (Bessie May Sanders v. Amos J. Easter) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bessie May Sanders v. Amos J. Easter, (Va. Ct. App. 2026).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Friedman, Raphael and White UNPUBLISHED

Argued at Richmond, Virginia

BESSIE MAY SANDERS MEMORANDUM OPINION* BY v. Record No. 0062-25-2 JUDGE FRANK K. FRIEDMAN FEBRUARY 24, 2026 AMOS J. EASTER, ET AL.

FROM THE CIRCUIT COURT OF AMELIA COUNTY Joseph M. Teefey, Jr., Judge

Benjamin M. Andrews (Andrews Law PLC, on briefs), for appellant.

Bradley D. Foster (Robert E. Hawthorne, Jr.; Derrick P. Fellows; Hawthorne & Hawthorne, P.C., on brief), for appellees.

This case concerns the ownership of an 8.26-acre parcel of land located in Amelia

County (“the Disputed Land”). Appellant1 Bessie May Sanders appeals the circuit court’s

judgment that appellees Amos and Patricia Easter acquired title to the Disputed Land by adverse

possession. Sanders argues that the circuit court erred by (1) tacking prior use of the Disputed

Land to the Easters’ uninterrupted period of possession beginning in 1998; (2) failing to weigh

Sanders’ payment of, as well as the Easters’ nonpayment of, taxes for the Disputed Land as

evidence that the Easters failed to make an adequate claim of title; and (3) concluding that the

Easters had established all the elements of adverse possession. For the reasons below, we affirm

the circuit court’s judgment.

* This opinion is not designated for publication. See Code § 17.1-413(A). 1 Sanders was one of two defendants below. The co-defendant, Victor Bailey, is a joint owner of the subject property, but did not participate in this appeal. BACKGROUND2

All 8.26 acres of the Disputed Land are part of a 57-acre parcel legally owned by Sanders

and her predecessors in title. Approximately 2 of the 8.26 acres are open land that the Easters

have farmed for decades. The remaining acres are wooded land. The Disputed Land is bordered

on the north by Sanders’ land; on the east by Virginia State Route 639; and on the south and west

by the Easters’ land.

In 1938, Lewis Easter, father of appellee Amos Easter, acquired a parcel of land from one

Emily Jackson. The deed conveying the parcel to Lewis Easter says it contains “about 30 acres,”

but its description of the land—referencing adjoining landowners and roads—appears to include

the 8.26 acres at issue. In other words, the description in the deed appears to encompass

approximately 38.26 acres. Nevertheless, it is uncontested that Sanders and her predecessors in

title were, at all relevant times, the legal owners of the Disputed Land. Only 30 of the 38.26

acres described in the deed were Lewis Easter’s undisputed property.

Lewis Easter maintained a farm on the Disputed Land for the next 49 years. In 1987, by

deed of gift, he conveyed his 30-acre parcel to his son and daughter-in-law, Amos and Patricia

Easter. Amos testified at trial that he and his family had considered the Disputed Land to be part

of their property for all his life and that they had “always farmed it.”

The evidence at trial established that the Easters used and possessed the Disputed Land in

the following ways.3

2 On appeal, we consider the evidence in the light most favorable to the Easters, the prevailing party below, “granting them the benefit of any reasonable inferences.” Veldhuis v. Abboushi, 77 Va. App. 599, 607 (2023). 3 The only evidence of Sanders’ use of the Disputed Land came from the testimony of one of her relatives, Lisa Sanders. The circuit court, however, found much of her testimony unreliable and placed no weight on the portion concerning exercise of ownership. We defer to the circuit court’s credibility determinations. See Suffolk City Sch. Bd. v. Wahlstrom, 302 Va. 188, 223 (2023). -2- Woods Roads. Lewis Easter had a road cut through the forest portion of the Disputed

Land sometime in the 1950s to harvest timber. The woods road starts near the public road on the

Easters’ undisputed property, crosses through the Disputed Land, and then exits onto other

property owned by the Easters. Lewis maintained the road until he conveyed his acreage to

Amos and Patricia in 1987. Amos and Patricia did not start regularly maintaining the road until

1998. That was when they granted Patricia’s brother, Ray Atkins, hunting rights on the land. In

exchange, Ray has, among other things, maintained the existing woods road and built additional

roads on the Disputed Land. Ray uses a tractor to bushhog these woods roads (i.e., clear them of

trees and brush) at least once a year. And he and his family often drive pickup trucks and ATVs

on the woods roads during hunting season. Lastly, in the early 2000s, around 20 years before

this trial, Ray put a steel cable with a lock on it across the entrance to the woods road (on the

Easters’ undisputed property) to limit access to it.

Timber Harvesting. At some time in the 1950s, after he made the woods road, Lewis

Easter used said road to conduct a select-cut timber harvest in the wooded portion of the

Disputed Land. He did the same thing sometime in the 1960s. Amos Easter then directed select

cuts twice, once in 2011 and once in 2012. During those last two harvests, up to 30% of the trees

on the Disputed Land were cut. One of the Easters’ expert witnesses testified that the logging

activity would have been apparent to the untrained eye.

The Farm. As noted above, Amos Easter testified that he and his family had “always

farmed” the two-acre open portion of the Disputed Land. After Amos received his father’s

property, he enrolled the farm in a soil conservation program for several years. The terms of that

program allowed the property to be bushhogged once a year. Starting in or around 2000, the

Easters had Jimmy Dawson bushhog it each year on their behalf. It usually took Jimmy one or

two days to do so. When the soil conservation program ended around 2013, the Easters

-3- permitted Russell Wills, Jimmy’s cousin, to cut the hay on the Disputed Land. The Easters then

began renting the open portion of the Disputed Land (as well as portions of their undisputed

property) to Russell; he has been cutting the hay on the Disputed Land twice a year since 2014.

Russell uses a large tractor to cut, rake, and bale the hay. The whole process requires him to be

on the property four or five days each year. He testified that the open portion of the Disputed

Land looks significantly different after the hay has been cut.

Trespassers. At some point between 1987 (when Lewis Easter gave his property to

Amos and Patricia) and 1998 (when Amos and Patricia granted Ray Atkins hunting rights on the

land), a group of hunters began trespassing on the Disputed Land. Amos was living in Chile at

the time (around 1998 or 1999), so he did not know that the hunting club was using the land.

When Ray told him, Amos asked Ray to “get them out.” Ray confronted the hunters and ejected

them from the Disputed Land. And at Amos’ request, Ray posted about 20 “no trespassing”

signs on the trees between the Disputed Land and Sanders’ undisputed property. Ray has since

posted new “no trespassing” signs every three years. Ray also installed cameras on the Disputed

Land about six years before trial to help catch trespassers.

Tree Stands. In the early 2000s, Ray built several permanent tree stands in the wooded

portion of the Disputed Land for hunting. He has maintained them ever since.

Stacking Bricks. At trial, Amos recalled tearing down an old house with his father on

their undisputed property. Lewis and Amos salvaged the bricks from the house’s two chimneys

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