Legal Question in Real Estate Law in Virginia

land

I own land and some pople has a right away across my land right by my house to get to there land and I have a right away across there land to get to the rest on my land. My question is can I put up a gate and give them a key.We have someone taking things and this would keep pople out that does not have a right to be here. can I put a gate and kive them a key. and If I put cattle on this land I will have to put up a gate to geep them out of the road.


Asked on 11/11/07, 5:11 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: land

As to your last question concerning cattle on the road and whether you would have to put up a gate to keep them out of the road, that would, I believe, depend upon what local county ordinances say about this issue, if anything. However, even if such a gate were not required under local ordinances, I would think that you would want to put one up anyway in the interest of avoiding possible liabilty issues.

As to your first question regarding your neigbor's right of way across your property, as long as they have a key to the gate lock and are in no way impeded in going across your property to theirs, I don't see a problem.

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Answered on 11/11/07, 7:21 pm
Daniel Press Chung & Press, P.C.

Re: land

Unless the terms of the easement (the document granting the right of way) preclude the fence/gate, there should be no problem. In addition to the easement documents, you should also check local ordinances to be sure that such a fence/gate is allowed.

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Answered on 11/12/07, 7:45 am


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