Legal Question in Real Estate Law in Virginia

Destruction of easement

I just purchased my home around the begining of the year and am part of an association. My back fence has about a four foot space until it meets another fence belonging to a group of townhomes. The area that splits the fences is covered in trash and a home for rats. i have complained as well as my neighbors to the association with no resolution. Today I found out that the small piece of land is an easement, 1/2 mine and 1/2 theirs. Also the code enforcer will site me for any trash touching my side of the easement. what if anything can I do? can you help me understand what an easement is? Also, the townhomes(built in the 80's) were built with the agreement that there would be an 8 foot fence that ran down the middle of the easement. This fence was started but never made it to my end. Is there any way that I can have that fence installed since that was part of the original building agreement?


Asked on 10/15/07, 5:40 pm

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

Re: Destruction of easement

You could probably sue the offending association for the abatement of a private nuisance if the problem continues. Contact a local attorney who is knowledgeable and experienced in the areas of real property and land use law and who should be able to advise you further.

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Answered on 10/15/07, 7:21 pm


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