Legal Question in Real Estate Law in Virginia

Real estate (easement) and criminal issue

I have a driveway that loops around my house and my neighbor has a limited easement to use one side solely for access to his barns only. He abuses it so much that I have had to put up a 2 inch post on my property with a chain and a lock and provided him with a key. His attorney is threatening that he is going to remove it. Since he was provided a key in advance and is not being blocked in any way, if he removes my property (the post) from my property without my permission and without a court order, what would this constitute legally? Eg., trespass, theft, property damage, larceny, etc.?


Asked on 3/23/09, 3:59 pm

1 Answer from Attorneys
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Real estate (easement) and criminal issue

If the easement allows him access to the barns, any use outside the scope of that easement could be deemed in violation of the easement. Perhaps parking his tractors in the easement would be a violation of the easement. It would appear that, since you provided him with a key to the lock, you are not denying him access via the easement though you have inconvenienced him. Should he opt to enter upon your land and remove your post, it could be trespass or destruction of property.

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Answered on 3/30/09, 4:29 pm


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