Legal Question in Real Estate Law in Virginia
Right of Ways
If you have used a right of way (not deeded to you, but to your neighbor) to gain access to your property for 25 or 30 years, may it become your deeded legal right of way because you have used that right of way to your property for such a long period of time?
If you have not used a right of way for 25 or 30 years to gain access to your property, is that right of way (through someone else's property) automatically vacated?
Since you have used that right of way for 25 or 30 years, can the neighbor, whose property it goes through, no longer allow you to use that right of way to access your property?
1 Answer from Attorneys
Re: Right of Ways
1. You may have an "easement by prescription" if the use was adverse and without permission. If they allowed it and then rescinded the permission, you have no rights.
2. Non-use does not result in forfeiture of an easement. However, any use by the servient owner (the owner of the land over which the easement crosses) inconsistent with your rights (such as blocking it off) for the requisite period of time would result in the loss of the easement by adverse possession.
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