Legal Question in Real Estate Law in West Virginia
Use of an easement and right of way
My husband & I own a large parcel of land from which we deeded 2 1/4 acres to his brother ''together with an easement and right of way twenty feet in width for ingress and egress and utilities from the herein conveyed real estate to the public road'' as stated in the deed. The right of way road was an existing road used by the gas company and us to travel over our property. We have since sold the timber on our land, and his brother is trying to keep the company off the property by harassing them over the road. Is there any way he can legally restrain the company from crossing the right of way he uses? They are keeping the road in excellent condition and he's getting free rock.
1 Answer from Attorneys
Re: Use of an easement and right of way
Generally speaking, when one grants a Right of Way over property he or she owns, the remaining interests in the land remain in the grantor or prior owner. Unless the grantor has granted the fee or complete ownership, the grantor of the Right of Way may continue to use the property and the Right of Way in any manner he or she wishes as long as it does not interfere with the Right of Way granted. The owner can give a license to anyone else, including a lessee of the land for timber for the same use, as long as such use is not inconsistant, (blocks) the use by the holder of the Right of Way. I have written this in the abstract and as general statement. I could not attempt to tell you anything about your particular situation without a lot of information and review of the documents involved. Tom Zimmerman
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