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  1. #1
    Join Date
    Apr 2011
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    2

    Default Easement Usage Law in Virginia

    My question involves an easement in the state of:Virginia

    We purchased a house several years ago on a dead-end, private road. The agreement reads "an easement that provides access from" our neighbors("their") property "to the main road."
    Herein lies the problem. One "Neighbor," who lives closest to the main road insists on riding their ATV in the opposite direction (in front of our house). We have asked them to stop because it kicks up dirt and dust (so much so that we cannot be in the front of our house when they are doing this). They claim to have an interest in the easement even though the wording says "from their house to the main road."
    I am not being petty - I do like our neighbors - but they have fields and other roads they can enjoy their ATVs on. Do I have any recourse?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Usage Law in Virginia

    whose property is the section of easement you are speaking of on?

    and how do you know their easement states the same thing as your easement?

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Easement Usage Law in Virginia

    The easement is signed by all parties who reside on the road giving access from "their property to the main road."

    The easement I am referring to runs across my property - in the opposite direction of the main road from their house.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Usage Law in Virginia

    signed by all parties? Do you have anything in your deed?

    anyway, if this is on your property and they do not have an easement on your property, they are trespassing. If there are others beyond your house that have an easement across your property and these hell raisers are using their rights to the easement (going to their house) you would likely have no action available to you.

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