Legal Question in Real Estate Law in Virginia

My company recently leased a piece of commercial property with an option to buy. The property is landlocked with a deeded easement for ingress and egress over another company�s property. There is a second deeded easement we were not made aware of through our property for the other company to move trucks from there warehouse to the street without having to turn around. We erected security fences and gates across the ends of our property and being unaware of the easement reduced it from 30� to 20�. We modified the gates to accommodate the easement and now the other company is claiming we cannot shut or lock the gates at anytime because it infringes on their easement. The other company has steadfastly refused to communicate with us other than through their lawyer. Our hours of operation are longer than theirs and we offered to provide keys for emergency situations.
Can they demand that we not secure our property after hours even though they have no need for the easement after hours and weekends?

Asked on 5/24/12, 5:47 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Probably, not, (as long as you provide them with keys to the gates)

but the matter may have to be litigated to resolve it.

Answered on 5/24/12, 6:18 am

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