Legal Question in Real Estate Law in Virginia

Real Estate

If a piece of property is sold with new right of way/easement (Different from previous deed), then property is resold, twice, (14 years have passed) can new owners sue for right of way or easement width being too small. What is the required legal access size for a right of way/easement?


Asked on 2/27/07, 5:52 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Real Estate

There is no such required size or particular dimension for any particular easement or right of way. The real consideration for such an issue is what should the size reasonably be under the particular facts and issues which may be applicable to a given situation.

Whether or not a particular owner should initiate an action to expand the

size of an easement or right of way already in place and available for his or her use, is a matter which should be carefully discussed with an attorney who is knowledgeable in local land use and real property issues in the area where the property is located.

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Answered on 2/27/07, 7:15 pm


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