Legal Question in Real Estate Law in Virginia
right of way
We own wooded property that shares a right of way with a neighbor that owns adjoining property. We see that our neighbor is getting posts planted to fence in his property and put a gate on our right of way. This gate would restrict us more than him. If he wants to gate access to his property where ours meets his then that is fine but he is wanting to angle this gate on a curve to prevent us from developing our land . Isn' t this a 'breach of covenant' since our deeds do not call for a gated right of way?
Asked on 4/05/08, 11:00 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: right of way
You should have a local attorney who practices in the area of real property and land use law review these covenants and any right of way/easement issues resulting from your neighbor's actions.
Answered on 4/05/08, 12:27 pm
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