West Virginia Right of Way Law

[bell94]

I purchased a piece of property ( previously land locked ) which now has a 40' ROW through my neighbors property. This ROW is recorded on the deed and on the surveyors plat. I recently has a road cut into my property for access using most of the 40' due to the lay of the land and now the owner of the property wants to fence and gate off the entrance to graze his cows. This land is all pasture land and his property is not landlocked in any direction. Can he legally do this?

[LandSurveyor]

He can't limit your 40' road access, unless, maybe, he can come up with a 40' gate.

How much frontage on the road does the surveyor's plat show for your ROW?

Unless it intersects at exactly 90 degrees, it is going to be more than 40'.

What is the language in the deed regarding the easement?