Legal Question in Real Estate Law in Virginia

I live in Virginia. I bought a piece of property and had it subdivided (2 parcels) down an existing drive way...my neighbor (has 1 parcel and i have 1 parcel) has put up a fence 4ft from the center of the drive, and i have an existing livestock fence 10ft from the center of the drive (property line is center of the drive)...now he wants to gravel the whole area between the fences and use it as his driveway...but he only has 4ft of land that is his and 10 feet that is mine...I built the fence far enough away so if an issue arose i could still drive on my 10' of properety and not encrouch on his land...he does have 110 feet of land adjoining a paved road so he has the ability of property access if needed....does he have the right to use all my land between the fences??

Asked on 8/09/12, 9:09 am

Michael Hendrickson Law Office Michael E. Hendrickson

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No, unless given the right in one or both of the deeds to

the described properties.

Answered on 8/09/12, 5:20 pm

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