Four-Wheelers On Ingress-Egress Easement

[MORNINGGLORY]

THERE IS A 20 FOOT RIGHT OF WAY FOR INGRESS AND EGRESS TO AN UNORGANIZED SUBDIVISION ACROSS THE MIDDLE OF MY 74.5 ACRE TRACT FROM THE NEAREST MAIN HIGHWAY. THESE PEOPLE ARE CONSTANTLY RUNNING UP AND DOWN OUR ROAD ON THE EASEMENT WITH DIRT BIKES AND FOUR WHEELERS. THEY ARE RUDE, NASTY, AND TEAR UP THE ROAD. THE LOCAL POLICE HAVE NOT BEEN ANY HELP BECAUSE IT IS A "PRIVATE ROAD". CAN WE LEGALLY STOP THIS BEHAVIOUR? WE ARE LOCATED IN VIRGINIA.

[LandSurveyor]

Who owns the property in the "UNORGANIZED SUBDIVISION"?

[MORNINGGLORY]

There are numerous lots, most are around three acres.It was subdivided sometime in the 60's or early 70's and not fully developed. The lots are owned by individuals, some who live there, some by owners who probably haven't been back there in years.The right of way probably travels a mile through our property (really bad road!!!!).

[MarkO]

MorningGlory,

4 wheelers and dirt bikes are not legally allowed on Virginia public streets. That means that when they leave their owner's property and enter the ingress egress easment, they have nowhere to go that is legal and thus no reason for being on the easement.

An ingress egress easement cannot be used for a racetrack, a parking lot, a playground, or anything but ingress and egress (unless that activity is specifically permitted in your easement agreement language--which I doubt).

Send them a certified RRR letter reminding them they are not allowed to use the easement in this manner and attach the easement agreement. If they continue, hire a lawyer.

By the way, an easement is not necessarily the same as a private road. True the police can't do anything if they are on private property (on the easement), but they might be able to catch them on the public road if they go that far. Take pictures just in case.

[MORNINGGLORY]

I have contacted the police on numerous occassions. The response I get is always the same. They say it is a private road and there is nothing they can do. These people are very agressive and nasty. I have been at my ropes end in trying to deal with this situation.I have tried to locate a lawyer that has an expertise in real estate and right of way laws to no avail. If there is anyone out there who can give me advice or direction, it would be greatly appreciated. Not only have I had pictures of these offenders on the public road, we have informed the local police that we have video tape of these four wheelers running up and down the hill of median strip on the main highway and can get no resoonse from them. The video is from a distance and shows no faces.

[MORNINGGLORY]

To MarkO- you seem to know what you are talking about, I hope you reply to this. If you have any idea what I can do, please help. I have had so many problems here I am almost sorry I bought this property. I own at least 198 feet of road frontage on the main highway. I have a problem here with people from the same "subdivision" constantly parking vehicles there for various reasons. Some are left for days at a time. I really don't want any liability problems from this; to say the least I have had problems with the neighbor who connects to this area complaining (often to the police) about these people parking there.

[MORNINGGLORY]

Someone please respond to this. I spoke with a lawyer. He said there was nothing I could do to stop four wheelers driven by people who have use of our right of way from doing this. I fail to understand how this is considered egress and ingress when they are going to the end of the road and going back and forth.

[jk]

well, essenttially they are going to and from their property using the easement they have legal rights to use. Where they go (even just that it is to the public road) is of no concern.

Is there any sort of maintainance agreement for the easement?

Is is an exclusive use easement?

[LandSurveyor]

Well, they have twenty feet and that is all.

Do you know where the easement is actually located?

Do they?

I would guess that there is a good chance they may be wandering off of the easement and trespassing on you.

You have the power to request that this be declared a public highway in Virginia. You will need an attorney and probably a surveyor. This will solve the maintenance and off road vehicle problems and probably make your property more valuable (possibly much more valuable).

[MORNINGGLORY]

To JK- There is an egress and ingress restriction. That is how it is stated in te deed. There is no agreement of maintenance to the right of way. At one time there was an homeowners association for the "subdivision", but it was done away with along time ago, possibly 1990.