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  1. #1
    Join Date
    Jun 2011
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    1

    Default Undocumented Right-Of-Way

    My question involves an easement in the state of: West Virginia. My mother has lived on farm for 25 years. Her husband lived on same farm 20 years before that. They had a road with documented Right-of-Way that went through several properties and was unusable in the winter. This road was undrivable in winter so they began going through another field to get to main road and have been doing so for 35 years. He actually built road along side the edge of this property and kept it up so they could get out easily and safely from their house. Property was purchased by someone six years ago. No one ever said anything about my mom/stepfather driving on this undocumented road (they bought a right-a-way through this property 30 years ago, but it was never documented in courthouse) until she tried to sell her property two years ago. Does she have any rights since she has been driving this road way over ten years and whats the best way to approach the courts with this? Otherwise she cannot sell the house/property due to it being unaccessible in the winter time and hard to drive on the legal right-of-way due to road conditions in the spring/summer/fall time. Thanks so much!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Undocumented Right-Of-Way

    If she can prove that she purchased a right of way, even if there's no deed, she can assert that proof in court as part of a lawsuit to affirm the existence of the right-of-way. She can do the same thing based upon testimony alone, although it's always beneficial to have additional proof. She should discuss her situation with a real estate lawyer.

    Unless she can prove that the right of way exists, I would expect that a buyer of the land will value it as if the right of way does not exist.

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