Walking Trail Easement on Recorded Plat

My question involves an easement in the state of: Virginia

After some title work on our property we came across a Walking Trail Easement which is depicted on our recorded plat. Our recorded plat consists of 4 larger 5-10 acre Lots. Along the perimeter of these lots there is a recorded 20 foot Easement for Walking Trail stated and drawn. The plat was recorded in 2005 and we moved into our house in 2009. These trails can clearly be seen thru the woods and around the lots and we have always used them. After a recent dispute with our neighbor he has since put up fencing to block the Walking Trail Easements thru his property. He claims since there is no further documentation other than the recorded plat that the Walking Trail Easement does not exist and must not be upheld.

My question is this... Do I need further documentation for the use of the Walking Trail Easement if the Recorded Plat already lists and clearly defines the 20 foot Easement for a Walking Trail ?

Since there is no further documentation other than the Recorded Plat, what are the rights to clear and maintain the trail so it is safe and passable ? Some areas of the trail need to be widened or maybe trees pruned.

If a deed references a plat, then the plat is deemed to be a part of the record for that conveyance. This means that an easement shown on the plat is binding. So does your neighbor's deed reference the plat? Even if it does not, do the 4 parcels mentioned belong to an association which benefits from that easement?

There are many ways to execute an easement; it does not necessarily need to be referenced in your neighbor's deed to be valid.

You might contact the county. Most of these easements are dedicated to the public as part of the development conditions. If someone is blocking what is supposed to be a public easement, the county park authority should help.

first off, thanks for the responses.

The plat and the walking trail easement which is depicted on the plat is Recorded at the county. The county stated they themselves cannot enforce the easement since it lies on private property and is a matter which must be taken up civilly.

The Walking Trail Easement is a private easement located on the Recorced Plat which is all private property. The Plat depicts the subdivision of the 4 large lots. This is a rural subdivision which is surrounded by water on 3 sides and wooded property to the rear. There is no Homeowners association, however there is a Road Maintenance Agreement and Road Access Easement which is also recorded and the plat with the county which provides access across the water to all 4 lots.

The Recorded Plat is with the Deed on all 4 Properties.

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My question is this... Do I need further documentation for the use of the Walking Trail Easement if the Recorded Plat already lists and clearly defines the 20 foot Easement for a Walking Trail ?

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I think that has been answered but is important to read the dedication clause on the plat in order to determine who actually is benefited by the easement. It might be the county, as flyingiron says, it might be a city, a conservancy district, etc. but I am going to guess that it might solely for the use of the owners of the lots shown on the plat. Dedication for public use would be unusual, if the trail is a stand-alone unit. You need to know this information in order to enforce whatever rights you may have in the easement.

Do you have a homeowner's association?

Well, it seems pretty clear (based on the sentence "The Recorded Plat is with the Deed on all 4 Properties.") to me that the easement is valid, and burdens all 4 lots. I'm assuming that you're stating that the plat is either referenced in the deed, or a copy of it has been included with the deed itself.

As to your next step, you might politely explain to the neighbor that his assumption concerning the validity of the easement is incorrect, and explain the reasons why.

If that doesn't get you anywhere, it will be time to contact an attorney (you and the other 2 affected neighbors could try pooling your resources and hire an attorney together.) Have the attorney send a letter explaining everyone's rights and how it would be expected that the easement will no longer be blockaded. More language could be included in the letter along the lines of "we are giving you 30 days notice that we will remove the fencing if you do not remove it yourself before then." If you do end up removing the fencing, be sure to do your best not to damage it - you could be held liable for damages to his physical property (the fencing). Also, be sure only to remove that portion of the fence which affects the 20 foot easement; if you venture out of the easement you will be trespassing on his land.

Hope this helps, and good luck.

do I honestly need a lawyer, or is it possible to just file this at the general district court level if the neighbor does not respond and represent ourselves with the information we have and let a judge decide the intended use for the walking trail on the recorded plat and have an order from the court to have the fencing removed ? I honestly have no desire to touch or move someone's property and would prefer a court's decision before proceeding with such action.

There is no homeowner's association. One of the other lots is owned by a relative which is an undeveloped lot and the last of the four lots is also undeveloped however the trail can be seen and found thru the undeveloped lots as well and has teamed up with them against us. We are on our own, but isn't a unanimous decision required to terminate an easement on a recorded plat and not just a majority ?

I recommended an attorney because the law is their job; and a letter from an attorney has a way of stifling problems like this like nothing I've seen.

I was just on a project where a landowner was denying us access to do our job. A letter was sent, and the landowner's stripes changed dramatically - I think coffee was even offered the next time we arrived on site.

At the very least have an hour long phone conversation with an attorney. Perhaps get some advice on going it alone. There may be options for mediation, etc.

But I for one would be very apprehensive to appear in court without an attorney; if the neighbor shows up with one, you may find yourself heavily outgunned.

Looks like we were both posting at the same time. Dinner was announced and I hit post!

Rather than go immediately to the district court, I would recommend as a cheaper alternative that you have an attorney write a letter to the neighbor explaining the situation in legal terms and detailing the consequences of blocking a valid easement. The letter should demand the immediate permanent removal of the obstruction. The attorney will know what to say and how to say it. I think that a letter will have a good chance of the result you seek. You do not need the permission or assistance of the other lot owners to take steps to remove the obstruction.

You are correct that, in the absence of a homeowner's association, it will likely require the agreement of all of the individual owners of the easement to terminate it.

Filing a case at the general district court level is roughly $50. I understand proceeding without a lawyer can be difficult, however I'm trying to not waste a ton of money to enforce an easement which is already recorded and clearly defined on the plat. Can a judge decide to remove an easement from a plat just because one or two neighbors are unhappy with it ? What can we actually lose or have at stake to lose if we went on worst case scenario ?