Legal Question in Real Estate Law in Virginia

Deeded Right of way

How do you know that you have a deeded right away? If you do, what can you do legally to the person who owns the land, who is blocking your right away?


Asked on 1/27/09, 8:43 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Deeded Right of way

Some rights of way are written explicitly in the deeds, either your deed or the other person's deed. You can pull the deeds from the County deed records and examine what they say (which is not easy).

However, many rights of way are based on either "necessity" or long-standing practice. If a right of way has been allowed for a long period of time (such as 15 years at SOME point in time) it would create a legally-binding right of way.

Unless yuo can persuade them, you would need to file a lawsuit to stop them from blocking the right of way.

And you would probably have to do it within 15 years of when they started blocking the right of way, or it would be too late.

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Answered on 1/27/09, 12:54 pm


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