Legal Question in Real Estate Law in Virginia
Hello, 14 people including myself purchased mountain lots in Virginia on a private road which was advertised and sold as a gated property. Each land owner owns to the middle of the private road with right of way easements to all property owners. No homeowners association was ever established and now the property owner at the entrance of the private road has decided he no longer wants a gate post on his property and removed our gate. Can he be forced to reinstall the gate since it has been in place for over 10 years now?
Asked on 4/21/11, 6:42 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
So, why not simply move the gate to the next property up the road and
leave the first owner to buffer any offending elements that might attempt
to find their way up the road?
Answered on 4/22/11, 8:41 am