Legal Question in Real Estate Law in Virginia

Right of Way, Division of Property

10 years ago I purchased property and now wish to divide 14 acres and sell it. The property had 3 10 foot roads deeded to it in 1915, but in 1987 the owner of the property with the roads decided to combine these 3 roads into 1 50 foot right of way. He had a plat drawn up and recorded that shows the right of way going into the property, but there are no deeds or words that are recorded to say that this was done. In addition, the road maintenance agreement that he drew up when he subdivided his land and put in this new 50' road does not mention the property we purchased. Now that we want to sell, the county says we must sign a road maintenance agreement, but the neighbors are refusing. Is there any legal recourse, and is the plat enough to prove a right of way?


Asked on 6/15/06, 8:34 am

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

Re: Right of Way, Division of Property

Unless the prior deeds gave the owner the right to combine the right of ways/easements specifically referenced in these deeds, he was likely without the proper legal authority to do so which likely means that when you purchased this property from this individual you also (unknowingly, of course)bought yourself a road maintenance program for the future.

An attorney should carefully examine these deeds in order to determine whether the above is actually the case.

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Answered on 6/15/06, 9:25 pm


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