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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Default Rear Gate Access

    My question involves an easement in the state of: Virginia

    Our front yard borders the back yard of a property that fronts on another street. The yards are separated by a tall stockade fence which faces the other property. In 1998, an easement was established between the former owner of our property and the other property owner, who is now deceased, allowing a 12 ft. access across our front yard to access a gated area of the fence. The language of the easement document is vague and nonspecific as to usage. The gate wasn't used for years, and there was no problem until the neighbor died. The property was acquired by a couple who have basically decided that our front yard is their personal driveway. (Please note that they have a driveway and access to all areas to their property from the other street.) They want to leave the gate open at all times and drive vehicles, including heavy trucks, across our yard on a regular basis. This has caused damage to our yard and greatly reduced the curb appeal of our property. We are planning to see a lawyer, but we are wondering if it is possible to modify, clarify, or discontinue the easement without permission of the other property owners. Also, if they take down the entire fence, as they are threatening to do, can we put up our own fence as long as if has a gate of some sort in the easement area?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Rear Gate Access

    I suggest you have a local lawyer review the terms of the easement and determine whether the use is within the terms of it.

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