My question involves an easement in the state of: Virginia
We purchased a house 6 years ago in the process of being built. There was a driveway on the property prior to the house being built. Our neighbor has to use the top third of our driveway to access her drive. The entire maintained driveway is all on our property and there is no driveway agreement. We had a little issue after we had been in the house about a year and I researched all the deeds and we sent a letter stating the entire drive was on our property and we could fence if we chose. There was no easement or ROW on any of the deeds. No more problems so we just let it slide.
Fast forward to two years ago. The property was divided into a family subdivision with 3 lots. The owner of the 2nd lot has recently been using our driveway till it comes to an end and then drives through the grass onto his property. There is a 20 ft easement on their plat for all three properties but he insists that he has an right to use our drive. Our plat shows "existing driveway" it continues onto their property and it is now marked as "trace of old road" on their plat. Both properties used to be on one plat owned by a timber company, then by a relative. Only the most recent of both of our plats has these markings.
What right do they have to use our driveway that we maintain when their subdivision has over 250 feet of state road frontage and an easement clearly marked for all three lots to use. They are not landlocked nor is any of the property behind us.
Any help would be appreciated