Legal Question in Real Estate Law in Virginia

In 1959 my grandfather gave my uncle a right of way through what is now my land. The deed states Wesley Robertson, heirs and assigns. This land has been sold over 40 years ago to a non-family member. Does this person have a right of way or just my cousins. Does the right of way transfer automatically to a stranger/owner? No one has given them a right of way on paper/deed and they have not ask for one in 32 years but are now trying to go through my yard.


Asked on 2/06/11, 4:03 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

"Heirs and assigns" is just old legalese to mean that this was a perpetual title to the easement and not a life estate or license. Whether the easement runs with the land depends on the facts, but it sounds like it probably does. Whether the non-use for 32 years terminates the right depends on the facts, but it is possible that it would.

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Answered on 2/08/11, 7:27 pm


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