Legal Question in Real Estate Law in Virginia
Perspective Easement
My Dad has passed away and we are getting ready to sell his house and land. the dividing line to a neighbor's piece of land and my Dad's land is in the road to the house that has been used for some 53 years by both my Dad and the neighbors. The nieghbors are now claiming that whoever we sell the land to, they will not give them the right of way to use the road. Does this fall under the ''Perspective Easement'' that they cannot take away the right away. What are our options?
1 Answer from Attorneys
Re: Perspective Easement
A prescriptive easement would be one which was acquired without the neighbor's (or previous owner's) permission, was open for everyone to observe, hostile in the sense that it was adverse to this landowner's interests and was continuous for whatever time period was required.
Whether the particular easement which you've described in your question would in fact meet all of these criteria in order to qualify as a prescriptive easement, there's not enough information to say, one way or the other.
However, if this particular easement is referenced in the deeds to your land and that of your neighbor, it should be recognized in law as a deeded express easement appurtenant to your neighbor's property and they(the neighbors) would not be legally entitled to disallow its use by any new purchaser of your father's house and land.
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