Legal Question in Real Estate Law in Virginia

Right of Way

I am in the process of selling my Father's Land after he has passed away. His land and a neighbors land is divided by a road which all parties have used for some 53 years. The Road was built when both my Dad and the neighbor split the land. There is nothing in the deeds stating who has the right of way to the road. it just states where the land is divided which shows on the land map in the road. The neighbors are now telling us that when we sell our Father's land, that they are not letting the new owners use the road. can they do that? what are our options?


Asked on 2/20/08, 7:35 am

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

Re: Right of Way

Review the criteria for establishing a prescriptive easement which were detailed in my previous posted answer to your question, and, if they are applicable to your particular situation, you may want to arrange for a consultation with a local attorney who practices in the area of real property law and who should be able to advise you further on this matter. (This really should be the prospective buyer's problem rather than yours as long as you fully disclose it to them before the transaction closes.)

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Answered on 2/20/08, 7:56 am


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