Legal Question in Real Estate Law in Virginia

We have a 40-ft easement on the side of our property. About seven years ago we built a fence, with verbal permission of the neighbor, ten feet into the easement to give the horses more grass. They have said nothing about this for all those years. Now they are saying we are limiting their access and agress (the type of easement) and demand we move the fence back 10 fee.t. They also say they can do whatever they want with the easement. They say they are the "primaries" on the easemen t and we are "subservient" tho we own the propetrty. Is this true?

Additionally, on the common easement we all share further down the road another landowner has put a fence in the utility easement. Does that fence also have to come down as it is also part of access and egress?

This is a real mess, precipitated by one of the neighbors going on the Virtginia Bar website and finding an article called Easements for Dummies.

Thanks for your advice.

Beth


Asked on 9/13/09, 5:21 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

More relevant(and less confusing) facts required to respond to this question(in my opinion).

Read more
Answered on 9/18/09, 11:18 pm


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