Legal Question in Real Estate Law in Virginia
A man claims to have a right of way across our property to access his land behind us. We bought our property and built a house on it in 1974. No where on the deed does it show a right of way. His deed to his land does not show it either but he has produced a deed from 1936 that shows it. Does that old document trump mine? Do I have to let him run dump trucks down my driveway to access his land?
1 Answer from Attorneys
This seems like an interesting question regarding this alleged easement which
may have expired somehow between 1936 and ?
You should arrange for a consultation with a local attorney who handles real property law and easement matters in the area where these properties are located who very likely would have to investigate and further research the issue(s) involved.
You should bear in mind, however, that even if this attorney concluded that there was now no viable basis to claim a currently valid easement
across your land, the adjacent owner could still petition the circuit court for a
new easement if he had no other reasonable way to access his property.
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