Legal Question in Real Estate Law in Virginia
right away
i have a land lock piece of property with no right away. however the adjoing property has a right away that adjoins my land. it is time for me to cut my timber and i have ask the adjoining landowner if i could use his right away to truck my timber out. he has not responded so i am sure his answer is ''no.'' what can i do now? if he says he wants money, what is the value of using someone's right away for one time? if he wants to sell me a right away, what is reasonable? does he have a legal right to keep me from harvesting my timber by refusing me an outlet?
1 Answer from Attorneys
Re: right away
There is a legal device recognized in the Commonwealth known as an Easement of Necessity
which allows owners of landlocked properties such as, apparently yours is, to gain a limited right of way across the property of another in order to access public roads.
I would suggest that you arrange for a consultation with a local attorney in the area where your property is located who is appropriately knowledgeable regarding the law of real property and who should be able to advise you as to whether your particular land might qualify for such an easement and how you should go about procuring one.
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