Legal Question in Real Estate Law in Virginia
easment of driveway
I own a piece of property that has a deeded driveway easment through another persons property (( for entrance and exiting )) who has legal control of such driveway?also how wide is the driveway as no measurement is noted, driveway has been in place for over 50 years with no problem, now new owner is causing problems, by wanting to use as comercial entrance to his property,,
1 Answer from Attorneys
Re: easment of driveway
As the owner of property with the deeded easement, you or your assignee has the right to use it in a manner consistent with its original purpose, i.e., entering and exiting to the main road.
Whether or not the owner of the other property burdened by this particular easement now has the right to use it in a particular way for commercial purposes which could possibly impair or interfere with your continued right to the use already described is another question which may have to be resolved through litigation unless some reasonable compromise or accommodation can be worked out between you and the other owner.