Hello. My neighbor and I both have 20 acre rectangular lots. Both lots touch state route 63, and there is a gravel easement road that runs from rt. 63, and zig-zags through the middle of my property, and through the upper portion of his property. His driveway comes off rt 63, mine comes off the easement road. Recently he divided his property in half and built his son a house on the upper half. Since then he has been driving from his house, across 75 feet of my property to get to the easement road to go up to his son's house. He is doing this instead of going down his driveway to rt. 63, and coming up the easement to his son's. I told him to stop driving through my property, but he says that he has the right to do so, and if I want him to stop, I'll have to take him to court...
Concerning easements his deed says: "Together with, a perpetual, unobstructed easement of right of way 50 feet in width over, upon, above, below, and across the "50' R/W" depicted on aforesaid plat, for purposes of ingress to and egress from State Route 63 and subject property, and for the installation, maintenance, replacement and repair of utilities to serve the subgect lot."
In addition: "Subject however, to an easement of right of way of 50 feet in width as depicted on aforesaid plat, here reserved by the Grantor, its successors, and assighs, for ingress to and egress from lot 7 and State Route 63, and for installation, maintenance, replacement and repair of utilities to serve lot 7."
My deed says: "Together with and subject to a non-exclusive perpetual, unobstructed easement of right-of-way 50 feet in width over and across the "50' R/W, along CL existing road," as depicted on aforesaid plat for ingress to and egress from lots 5, 6, and 7 and State Route 63 for .....utilities."
The "50' R/W on the plat is the easement road including 25 feet on each side of CL.
I'm lot 6, he's lot 5, and lot 7 is landlocked.
Does he have a right to drive across my property, and if not what do I need to do? I've placed a log blocking the cut-through with a no-tresspassing sign on it, but he just threw it to the side.
We are in Virginia, and he has owned his property for 8 years, and I've owned mine for 7.