Legal Question in Real Estate Law in Virginia

Private Road usage problems

There is a private lane on my property for which I pay taxes on. This lane is also being used by numerous residents who live above me in a developement and are in a homeowners association. There are three properties including mine which are not a part of this developement nor a part of the association. The association has a deeded right-of-way that is North of my property line and is not on me. The association members have not developed their right-of-way into a road, instead they are using the road that is on my property. They are now telling me that I don't have any "rights" to the road on my property and that they can do what ever they want to the road. There is a speed problem on the road (gravel road) and they have since widened the road, taking more of my property with out permission or ever even contacting me. I paid to have liquid calcium chloride put down on my stretch of road to control the dust. The association came by a few days later and scraped the road rendering the calcium ineffective. Do I have any recourse on the cost of the calcium? What "rights" as the landowner do I have in dealing with this association about the road usage? These people seem to think that they can run all over me. Help please.


Asked on 5/30/00, 9:28 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Private Road usage problems

If the HOA or its members have an easement, either recorded or by prescription (adverse possession: if they have been using it for 20 years), they have a right to use the road, but depending on the terms of the easement, they may not have the right to make the modifications they have made. If they have access (deeded or otherwise) to a public road, they do not have an easement by necessity; if not, they may, but only if at some time in the past the properties were under common ownership.

Assuming there is no easement, the HOA and its members are trespassing. You need to retain counsel to review the facts and determine if there is an easement, and then file an appropriate lawsuit if the HOA does not agree to cease the trespassing (or, if they have an easement, to cease any activity beyond the scope of the easement).

We handle this sort of matter in much of Virginia, so please feel free to contact me.

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Answered on 7/18/00, 11:10 am


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