Right of Way

[twgoats]

Long time lurker, first time poster. I currently have a situation with a neighbor concerning the use of my right of way. We have a piece of property which is land locked and has a deeded right of way/50 foot easement which is shared by two additional adjoining properties. The right of way follows the property line between a separate lot with road frontage, which we own, and several lots in a small subdivision. None of these lots have a deeded right to use this right of way. The majority of the easement is on the separate lot that we own with maybe 10 feet or less of the width of easement on the subdivision lots. Our issue is this; the owner of one of the subdivision lots has decided that since part of our right of way passes across his land, he has the right to use the right of way. We say he does not. Who is right?
As a full declaimer, his use of the right of way mostly entails his teenage son riding his dirt bike up and down the lane. While I am all for kids having the right to be kids, past actions have shown this kid has no respect for other people and their property, very little common sense, and a history of doing very stupid things. We are afraid that it is only a matter of time before something happens. Also, all three of the land owners that share the deeded right of way have requested that he not ride on the right of way and their properties.
Doug J.

 

[dmccarty]

I think you need to talk to a VA lawyer who has expertise in VA real estate law. The easement issue is going to be determined by state law, I suspect case law, and what is in the deeds.

However, since the real problem is the kid riding a dirt bike on the right of way, is the right away considered a road? If so, it might not be legal for the teenage to be riding on the road.

Later,
Dan

 

[bcp]

Some easements are written with what it is to be used for, like access to property. Is riding a bike back and forth "for access to property"?

Bruce

 

[Streetcar]

As bcp said easements are individual contracts .what is written in your easement
Read your document before getting lawyer

 

[twgoats]

It is a private lane, really a shared driveway, not an actual road. I know my next step is to look at the titles for the properties to check the wording of the easement, then possibly talk to a lawyer if need be. Unfortunately, that won't be able to happen until I get the time to either get to the safe deposit box for our title or get to the county clerk to look up all the titles. In any case, it appears that in VA., unless specifically spelled out in the easement, use of a right of way is limited to entrance and egress only by the dominant party.
Doug J.

 

[dodge man]

I'd say it all depends on that persons deed on if they have the right to use the easement. If not I'm not sure what claim they would have to use it. I'd say if this is an important thing for you a lawyer might have to get involved.

 

[dmccarty]

It is a private lane, really a shared driveway, not an actual road.
Doug J.

In NC, there is a law that covers driveways while public roads are a bit different. VA law may prohibit using a off road motorcycle in your situation. Not likely the best solution, if it does exist, but it could be a solution.

Later,
Dan

 

[widefat]

Spend some time in the clerks office, going back as far as you can. Wife and I looked at some property not far from you; a family had lived on a landlocked parcel for 30+ years and had used/maintained a road through the parcel we were interested in. There was NO easement or ROW documented. Long story short, we did not buy, and the two owners had to settle the question in court. Where we are now - a creek separates us and a neighbor on one side; the fact that the property line was the center of the creek was not found in any current survey, but in fact was documented over 100 years ago. Good luck!

 

[dodge man]

I am a land surveyor and it seems like I see more problems with shared driveways. I see a lot of problems with boundaries an other issues but for some reason I see the shared driveway thing often ending up taking a turn for the worse.

 

[coldsteelva]

I'm from Loudoun County VA and have a deeded shared road agreement. My neighbor and I have landlocked properties which cross a third property for access. 100% of 'road' maintenance is the burden of my neighbor and I and therefore we have the right to EXCLUSIVE use of this easement (25 feet by 300 feet). Definitely read the language of your easement/deed. If you have to pay to maintain it, then only you can use it.

If the owner of the property granting easement wanted to use it as a skidding/logging access and tore it up, but didn't have to provide maintenance that wouldn't be fair, right? The entire footprint of the easement, including imaginary vertical lines that go above and below the ground should be exclusively yours.

If that neighbor has low hanging tree limbs over the road, you can cut those back just as if it was your main property lines.