Legal Question in Real Estate Law in Virginia

right of way

I livein Washington County,Virginia. My neighbor has built a fence along my right of way joining my property. he has posted no trespassing signs on the fence trying to post me out of my right of way. Is this legal?

If possible could you find any any information for me about the width of a right of way and if there are laws against put junk against the property fence and putting no trespassing signs on them.


Asked on 10/30/02, 9:04 pm

2 Answers from Attorneys

Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: right of way

If you or your lender has title insurance see if the carrier will help you out with the situation. If not and your neighbor will not back off and you are confident in your rights then you may have to file suit to enjoin your neighbor from acting this way and seeking damages for his actions.

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Answered on 10/31/02, 6:29 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: right of way

If your neigbor's fence is on his property, he can put up whatever signs on the fence that the local ordinances permit. These signs do not and cannot affect your right to continue to use the access easement or what you refer to as your right of way to gain entrance to your property.

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Answered on 10/31/02, 12:08 am


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