Legal Question in Real Estate Law in Virginia
right of ingress and egress
We own some property that we are in the process of building a house on it has a right of ingress and egress which runs along the right side of the property. Who has the legal right to go on the ingress and egress? It did have a road all the way to the land across the creek but Isabel washed it out and the beavers built a dam which made a pond on our side of the property. The dam still allowed water to slowly flow. Now a neighbor has put dirt across the creek area and a pipe is there. They are running 4 wheelers on the ingress and egress. The deed does not show these people as the owners though they have put up no trespassing signs on the land across the creek. The environmental people at the county said that dumping dirt was illegal and if they found we owned that property and were legally responsible we would have to be responsible to remove the dirt. We need to know who is legally able to access the right of way and who is ultimately responsible to clean up this dirt? Thank you.
1 Answer from Attorneys
Re: right of ingress and egress
You would have to have a title search done both of your property and the neighboring property to see who owns what.
And then you would also have to consider the historical use of the property. Did someone or the public in general acquire an easement by prescription (by long-standing use)?
If the activity is not on your land, then you are not responsible for someone else dumping the dirt. I don't care what the County says. Now if YOU dumped the dirt, perhaps.
(BTW: HINT: Read the soil and erosion control statute carefully. As I recall you have to hit a certain minimum amount of dirt before it applies. Just speaking casually and hazarding a guess, I think the County bureaucrats don't know what they are talking about. A small amount of dirt is exempt.)
If you have a right of access (easement) to YOUR property, then (a) others CANNOT stop you from crossing and (b) you MUST do something or you can lose your rights (although it would take 15 years, but still).
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