Legal Question in Real Estate Law in Virginia

Private land with driveway to other houses

The deed and title to my land show that I own to the center of a road that was not adopted by the state of VA when the roads were turned over to the State around 1940. The title further shows that there are no easements or right-of-ways, yet there are owners that must have access to their properties. Those onwers are trying to tell me that they are entitled to an unobstructed 30 foot right of way. I thought that as it was my property, as long as I did not impead ingress or egress, I would do what I wanted, in this ''30 feet'' or not. Who said anything about 30 feet anyway? Is there a law that would straighten this out for me? I asked VDOT if I could put up a fence (that would not block anyone's access) and a private drive sign. After reviewing their records they said that this would be fine as they considered it private property and not under their jurisdiction.


Asked on 1/10/07, 1:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Private land with driveway to other houses

I agree with VDOT's assessment. If you were to block these other owners' access to their properties, they could

simply go to court and petition for an easement of necessity (which the court would grant)in order to gain access to their properties over the land that belongs to you. I doubt, however, that such a court-ordered easement would necessarily accord with the dimensions to which they may believe that they're entitled, i.e, "an unobstructed 30 foot right of way".

I suspect that as long as you adhere to the neighborly approach which you've already suggested, i.e., "not impead(ing) ingress or egress", the law likely will not require any more of you than that.

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Answered on 1/10/07, 8:54 pm


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