Legal Question in Real Estate Law in Virginia
Use of Driveway to get to landlocked property
My 75 year old mother is one of 4 remaining siblings 4 out of 13 who has maintained and paid taxes on heir property (house & 5.7 acres) in Isle of Wight County, Virginia for 50+ years. Years ago prior My Grand mother sold a plot of land on the same property to my Uncle for $1200 and he built a home and raised his family. He remarried and died. In his generic Will he gave his widow lifetime rights to the home on the purchased plot. My uncle�s daughter and husband lived in the house and paid escalating rent to the Widow. She did no upkeep and they had to purchase things like a new refrigerator, stove etc over time. The plot is land locked meaning they have to use the driveway on the other family heir property to gain access to my uncle's property plot. The use of the driveway was a courtesy because IT WAS FAMILY. My uncle�s daughter and husband could no longer afford the high rent and have moved out. The Widow has vowed that she will not rent the property to anyone in our family and will rent to others. My mother is concerned about now having strangers on the land and that they will be crossing the heir property to gain access. She does not want this to happen. How can we in accordance with law make sure the widow has to put in an
1 Answer from Attorneys
Re: Use of Driveway to get to landlocked property
If the property in question is landlocked and has been accessed over a period of many years by driving over servient land adjacent to the property, very likely an easement for such access has already been created and whoever is a legitimate renter of this property from the widow would very likely have the right to continue the use of it for the purposes of coming to and going from the property.
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