Legal Question in Real Estate Law in Virginia

Easement/Right of Way

If you have used the "road" for 20 years without express permission; or if your land islandlocked without it (i.e., no access to a public road) and the two properties used to bepart of the same parcel; or if you have a recorded easement or the road is in fact a dedicated public road, you may have rights tocontinue using it. There may be other cirumstances as well. You need to see a lawyer who can advise you on these issues given your particular set of facts, and act quickly to file suit to establish your rightsto use the property if you have such a right.However, it may well be that you do not meetthe requirements for what is quite an extraordinary remedy of giving legal recognition for your right to use property belonging to someone else. As you might expect, the normal situation is that if the property doesn't belong to you, you have noright to use it.

I practice real estate law in Virginia. If you are in Northern VA, I may be able to helpyou; if not, I may be able to refer you tosomeone in your part of the state if you e-mailme with your location.