QUESTION
Can a row used for 27 years and not deeded anywhere be closed off b/c someone purchased land and found this row does not exisit on their property
Asked on Sep 10th, 2014 on Real Estate - Virginia
More details to this question:
Have used this row for 27 years along with 3 three other property owners now a section is being blocked so we have no access on this row, what needs to be done to re-open and I thought a prescriptive row was legal after 20 years in Va. How can this be resolved and row opened?
1 ANSWER
There are some requirements that must be proven to get a prescriptive easement, other than just using it regularly for the required period of time, and the only setting where you can get such an easement confirmed is in a law suit seeking to establish the easement. You'll need to file a suit in the Circuit Court to establish the right of way, showing that it's been used as matter of right (not permissive), more than 20 years, exclusively (which might be an issue in your situation), etc.
Answered on Sep 11th, 2014 at 1:40 PM