Legal Question in Real Estate Law in Virginia
Easement Violation
Ongoing conflict with neighbor over his permanent ingress/egress easement(pipestem)parking which is clearly shown on the survey and granted in the deed to utility and emergency traffic. Secured services of a lawyer who sent 2 letters to neighbor expalining VA code violation and that he could not permanently park, but the issue is still unresolved after 8 months. Lawyer would proceed for no less than $25,000. Since I have already paid lawyer to do the research, etc. and I feel confident that the documentation from that is sufficient to bring a civil suit on my own. Not requesting damages or lawyer fees, just a legal authority to tell them they cannot park there. I have deed, title, code violation, lawyer documents and pictures. I need help with writing a motion for judgement and how to proceed with a civil suit. I have heard of the word bundling, but is there anyone I can talk to about helping with parts of this so I am better prepared to file the motion? I know my property line on easement, but Magistrate would not cite for no trespassing due to the need for ingress/egress.
2 Answers from Attorneys
Re: Easement Violation
Yours is a highly technical action which must be filed and prosecuted in Circuit Court. You need to consult with a local attorney if you want to succeed.
Re: Easement Violation
The motion you're referring to, most likely, would be a motion for a declaratory judgment from the circuit court in the jurisdiction where the property is located.
I'm sure I could assist with this matter, or, if not, for logistical or other reasons, refer you to
an attorney who could.
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