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  1. #1
    Join Date
    Aug 2018
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    10

    Default Use of Easement Greater Than Deeded

    My question involves real estate located in the State of: Virginia

    I repurchased a property in 2017, that I sold in 2008. There is an deeded easement on the property. In 1958, parents gave their son and his wife 2.85ac. They built a house and used the “easement” until their deaths (him 2008 her 2012). The deed says “ right of ingress and egress 30ft wide along the southerly property line”. The property line has a 45 degree angle in it. The son made the driveway straight ignoring the deeded easement and cutting the corner over land not in the deeded portion. I assume this is “permission from the parents” because they lived on the remainder and watched their son cut the corner.

    In 2013 a Wildlife Center bought the property. In 2014 they opened the facility and it has become very active putting 50+ trips per day across my property. They are not good neighbors. Between 2008 and 2017, the then property owner allowed them to freely use the easement and adjacent property to put up a business sign.

    I understand the prescriptive easement creation parallels “adverse possession“ law in permanently making the easement available outside the area described in the deed.

    Has a prescriptive easement been created?

    Can I force them back onto the deeded easement since the actions have only been “hostile” for 13 months?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,334

    Default Re: Use of Easement Greater Than Deeded

    It requires use for 20 years for a valid claim based on prescriptive easement

    unless there was some other easement granted or contract entered into, it would appear you have the right to limit others use to the confines of the documented easement.

  3. #3
    Join Date
    Aug 2018
    Posts
    10

    Default Re: Use of Easement Greater Than Deeded

    Thanks JK.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,155

    Default Re: Use of Easement Greater Than Deeded

    Quote Quoting Standaman
    View Post
    Can I force them back onto the deeded easement since the actions have only been “hostile” for 13 months?
    You personally can't force them back into the confines of the easement. But a court can if you file a quiet title action. You should consult with a local attorney on which way is best to handle this and place the neighbor on notice.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,334

    Default Re: Use of Easement Greater Than Deeded

    The op could erect a fence or some sort of guiding construct that would prevent the off easement travel.

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