Legal Question in Real Estate Law in Virginia

Re: Split right-ofoway

The owner of parcels 1B and 2B would have no authority to grant a right of way, easement, nor impose any other type of encumbrance upon property which he does not own, i.e, lot A.

The original grant of a right of way, by the owner of lot A, to the owner of lot B and specifically described in the deed to lot B, applies only to that one 10' wide strip and would not confer upon owner B any plenipotentiary type power to grant on his own other rights of way over property which he does not own. He could grant the encumbrance over his own proprty, lot 1B, but not over A's lot.

It would appear that the buyer of lot 2B apparently did not engage the services of an attorney to review the documents prior to going forward with the purchase and as a result now believes he has a right of way to which he is not legally entitled.

A suit to quiet title by the owner of lot A filed in the circuit court where the property is located may be necessary in order to settle this matter(in the event that the other parties are unwilling to redo the deeds).