Legal Question in Real Estate Law in Virginia

our property has a 30 foot easement on our plat. knew this when we purchased. no problem with that. the neighbor behind us uses easement as ingress egress. no problem with that, it's the law. however he says he owns the whole 30 foot easement and sprays weed killer into our grassy yard because he says it's his. the easement is on my plat who owns it. I just want him to stop spraying weed killer because it looks terrible

Asked on 2/24/12, 2:24 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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If your facts are correct as stated, this neighbor does not own this 30'

easement strip across your property but merely the right to use it (apparently

for the purposes of entering and leaving his property).

Nevertheless, his use of weedkiller as described in all probability violates

the terms of such use and he should be notified in writing to cease and desist.

But, if he refuses or ignores your admonition, then your likely remedy is to

file your case against him in general district court for abatement of a private

nuisance or other appropriate action under the facts and law

applicable to your case.

Answered on 2/25/12, 9:59 am

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