Legal Question in Real Estate Law in Virginia

Right of Way

We purchased my husbands grandfathers property. It has two tracks. The track of 10 1/2 acres which has our garden, tobacco allotment etc on it is only obtainable by vehicle through our neighbors land. We have been using this way since we purchased the land in 1986. His grandfather used this way since 1938. Our neighbor for some reason decided to lock the gate and informed us we do not have a right of way through there. We have searched the court records and have been unable at this point to find a specific right of way to the 10 1/2 acres. What can we do?


Asked on 5/10/00, 11:38 pm

1 Answer from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Right of Way

You have an easement either by continuos usage or if your property was carved out of a larger parcel which once included tour bad neighbor's property as a matter of law. This is a matter in which it would in your best interests to retain an attorney to get it straight, once and for all times sake, as any current resolution which does not become a mattter of record may cloud the title for future owners of your property.

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Answered on 6/30/00, 9:22 am


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