Speed Bumps and Speed Limits on a Right of Way

[MarkO]

I live in VA. I have a deeded right of way (ingress/egress) through my neighbors property to my landlocked property. Neighbor is mad at me and says my friends and I drive too fast on her property. She is afraid we will run over her kids or her dog. She wants to put up speed limit signs (10 mph) and speed bumps. Can she do that? There is no language in the agreement that limits speed. We usually go about 15-20 mph. She claims it's a danger to her and hints she might go to court over it. ROW has been there for 12 years, she's only been there for 2 years. Does she have any right to say what I can and can't do on my ROW?

[Mr. Knowitall]

If she puts up signs, she needs to put them up in a manner that doesn't impede the right-of-way. She can put up any sign she wants on her own land - the sign itself won't automatically have legal significance.

Speed bumps most likely would be an undue burden on your use of the right-of-way.

If a court reviews the case and permits a speed limit or speed bumps, that's a different matter.

[MarkO]

Speed bumps most likely would be an undue burden on your use of the right-of-way.

Thanks Mr. K. I have read hundreds of posts here and elsewhere about undue burden and wonder what the standard is or if there is a standard. Neighbor says my speed is an undue burden on her and quoted me VA Code 55-50.1. that says:

The owner of a dominant estate (me) shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement.

She says having a safe front yard for her kids is a reasonable request and cars going more than 10 mph is not consistent with a safe environment for them. Do you think a judge would see it that way? The ROW basically goes right through her front yard, but I say make them play in the back yard then. Previous owners did not have kids, so no problems before now.

So my questions are: is there a standard for undue burden? and is there a standard for reasonable use? If not, do you know of any cases that are similar that would set a precedent?

Thanks for your insight!

[Mr. Knowitall]

You (or somebody else) will have to research the case law of your state. (You can start at LexisOne, which offers free case law from the past five years.)