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  1. #1
    Join Date
    Sep 2019
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    Default Right of Ways Question (Verbiage Change and Gates)

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

    1. My First Question: Below is the verbiage of the right of ways that gives the owner of the deed the right of way over my farm. You will notice the latest deed changes the words to increase the right of way from 20 feet to 30 feet and removes the words about it reverting to the part of the first part when its not used, as well as adding words about the right to maintain and improve. Is that legal to add those changes to the right of way without any agreement from myself and what can I do about it?
    2. My Second Question: The person who purchased this Deed is claiming that the gates on my road (that they have right of way to per below deeds) are not wide enough, they claimed the gate opening needs to be the same width as the right of way. Is that True, does an existing gate opening really need to be 20-30 feet wide? We are talking about the gate at the property line where the right of ways starts, and the two gates on the barnyard where the right of way goes through. (This is still an active beef farm and the barnyard they go through is an active barnyard to this day and the right of way literally as the deed states goes through the middle of it. Those three gates always need to remain closed for cattle control purposes.)


    The person who owned the property since 1991 just hunted on the property and so they used the right of way as stated in the original 1963 Deed, when he passed away it was handed to another gentleman who also just hunted on it. He has now sold it to a new person who wants to builds a couple of houses on the land and use the right of way significantly more than it has been used since 1963.

    November 1963 Deed:
    Beginning, containing two and one-forth (2 1/4) acres, more or less. (The right of way mentioned above is 20 foot right of way as shown on plat with the deed recorded as aforesaid in Deed 133 Page 596,) is included in the 2 1/4 acres here described. There is also hereby granted a conveyed a surface right away only, but for all times unto the parties of the second part, with rights of survivorship, the following right of way, to wit: "Beginning at the place in the line fence between the lands of John R. Fertig and Laportie D. Fertig, where a road is now located and following that road through the lands of the said John R. Fertig to and intersecting the County Road, leading from the home of said John R. Fertig to the Keyser-Headsvile Pike. The location being more particularly described as follows: Starting at the said Beginning and continuing through the east Field in a westerly direction, through the woods known as the woods pasture to a point opposite the Barn; Thence, a northerly direction and crossing a small hollow to the barn yard and the road passing through the barnyard of the said John R. Fertig; thence , with that road to the said county road. Said right of way as described and conveyed and granted for the purpose of giving to the land and home of the aforesaid party of the second part a way of egress and ingress for all necessary transportation and modes of travel, Provided further that when said right of way is no longer used as such, the title reverts to the party of the first part."
    May 2018 Deed:
    Second: There is further conveyed a thirty (30) foot wide easement as follows: A surface right only, but for all times unto the said party of the second part, the following described right of way: Beginning at the place in the line fence between the lands of John R. Fertig and Laportie D. Fertig, where a road is now located and following that road through the lands of the said John R. Fertig to and intersecting the COunty Road, leading from the home of the said John R. Fertig to the Keyser-Headsville Pike, the location being more particularly described as follows; Starting at the said Beginning and continuing through the east field in a easterly direction, though the woods known as the Woods Pasture to a point opposite the barn; thence a northerly direction and crossing a small hollow to the barn yard and the road passing through the barnyard of the said John R. Fertig; thence with that road to the said county Road, said right of way as described and conveyed and granted for the purpose of giving to the land and home of the aforesaid party of the second part of way of egress and ingress for all necessary transportation and modes of travel and the right to maintain and improve said right of way; subject, however, to the provision Deed dated November 25, 1963, and being the same right of way which was conveyed to Elmer L Fertig, now decease, and Virginia A. Fertig, husband and wife, as joint tenants with the right of survivorship, from Lucy M. Fertig, widow, by said Deed Dated November 25, 1963.

  2. #2
    Join Date
    Nov 2013
    Posts
    6,497

    Default Re: Right of Ways Question (Verbiage Change and Gates)

    Quote Quoting Mandrick
    View Post
    . Is that legal to add those changes to the right of way without any agreement from myself and what can I do about it?
    It is not legal to change the ROW without agreement of the servient estate (you). You should run this by a local attorney. You may have to file a quiet title lawsuit to get it corrected.

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