Legal Question in Real Estate Law in Virginia

Well Easement

I own a well on another persons property (It is in my deed and the subdivisions property retrictions.) and have an easement to that property. Can the other owner block, dump tree limbs, trash and lumber in the easement? What can I do to prevent him from continuing to dump trash in the easement? (letters do not work) How long do I allow this trash to stay in the easement? The other owner has threaten to hit me with a 2x4. Can I just go over and move his trash out of the easement?


Asked on 9/22/06, 2:30 pm

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

Re: Well Easement

Sure, you could utilize your right to use your easement to remove the trash from the well but that would not likely solve the problem. Unfortunately, the only likely way to solve it is by your hiring a lawyer to file suit in the local circuit court where the property is located in order to preserve and enforce your easement rights which are now obviously being deliberately interfered with and violated by this other owner.

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Answered on 9/22/06, 3:28 pm


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