Legal Question in Civil Litigation in Virginia

Re: Easment

An easment might not appear in your deed. What is important is whether it appears in your neighbor's deed or is there a separate deed of easment. There are other ways to get an easement: There are easements by necessity which can come into existence when someone's land is situated so as to have no access to a public road. There are also easments by prescription which involve using someone else's property under a claim of right for a period of at least 20 years.

As to the change in title, easements do pass with the land unless the instrument conveying the easment expressly provides otherwise.

Assuming that there is an easement, the mere fact that it may not have been used since 1995 is not determinative of whether your neighbors have abandoned it, but, may lead to such a conclusion when taken into consideration with other factors.

Robert H. Smallenberg

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Re: Easment

Arrange to consult with an attorney who practices in the area of real property law where the land is located, who will be able to investigate the matter sufficently in order to provide you with a legally reliable asnwer.