My question involves real estate located in the State of: Virginia
Our deed has the call numbers for a 12' right of way on our property, which I have been able to research back to the original owner of 1910.We are in a dispute with neighbor over ROW. This property was one large farm in 1910 but was sold off as several pieces. Back in late 1800's, coal was mined and hauled over our ROW . Our neighbor bought the piece of land behind us so the ROW goes to her property.
I researched her deed and found it the ROW was referenced to go back to a deed of 1956 for " a more full and comlete description fo the same."
In 1956, owner of original land was selling a large piece of his farm to a coal company and the original owner was retaining a few acres for his Mother's homeplace. The homeplace was unused for about 75 years now. The wording used in deed to the coal company and referenced also in neighbors deed is this, " the said party of the first part (original owners)do hereby grant, bargain, sell and convey unto the the said party of the second part (coal company), his heirs and assigns, the right to pass in, under , over and through said 5 acres tract of surface for the purpose of mining, hauling, transporting and removing any coal, oil, gas or minerals, which said party of the second part or (coal company) now owns on any other lands,or which said party of the second part (coal co), their lessees, vendees, assignees or sucessors may hereafter acquire in, on or under any other lands, provided that in passing over said 5 acre tract, the said party of the second part, his heirs and assigns, shall be limited to the use of the roadway now passing over said land and which roadway is presently in use, with the right to the said party of the second part, his heirs or assigns, to maintain said road.
There is also excepted and reserved from the operation of this conveyance, for the use and benefit of (original owner), his heirs and assigns, the right to use the present roadway now running through said property to the property now owned by the ( original owners)."
I am sorry this is so lengthy but we have hired two attorneys in the last 23 years to resolve this. We went to court yesterday and the judge gave our ROW land to our neighbor and said it does not belong to us even though there is no actual description nor call's on her deed. Thank you for any help you may be able to provide.