Legal Question in Real Estate Law in Virginia

Deeded non exclusive access easement

Our HOA owns the private road through which several non-association members access their homes. They have deeded ''non exclusive access easements'' for use of our private road. Under Virginia law, are they required to contribute to road maintenance as our HOA members or are they totally exempt but for their conscience?


Asked on 5/25/07, 9:15 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Deeded non exclusive access easement

Seems reasonable that these easement possessors, users, and deeders and their assigns should have to contribute

to the maintenance of their access road. The HOA should bill each one a reasonable proportionate share of this maintenance cost at least once a year. Then, if for whatever reason they refuse to pay for their(presumably reasonable) share, the HOA's attorney can delve into your question as to what the exact requirements of Virginia law may be with respect to this issue.

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Answered on 5/25/07, 11:03 am


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