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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default Ingress-Egress Prescriptive Easement

    I have researched back to 1912. Originally land was 100 acre lot with driveway. The land was split and sold to settle debts. My great grandfather owned 72 acres of land then my grand father owned the land and gained the other 25 acres of land using the same driveway because the land was side by side. no easements were listed anywhere in any documents even in previous owners. My father inheirited the 25 acres and my uncle inheirited the 72. My father used the driveway for over 20 years and my uncle put up a cable and lock and my father had a key. The land was not used for farming due to condition of land. It is zoned agr. My father passed and we continued to mow land as he did. Now I was given 10 of the 25 acres and planned to build and accessed the land without problems until now. My uncle tells me he does not want me there and no recorded easement is shown anywhere and got mad because the suveyor marked in the plat ingress and egress using his driveway and old existing road for my continued driveway. Also had to insert rightaway on my property to the other half of the 25 acres which is 14 acres. I received a letter from uncle saying easement by prescription is limited to what the existing use of land was which was agricultural not residental and is changing locks and denying me access. The land was not farmed. He also states I need to acquire easement through my mothers additional land for access to my property. This is not possible due to cow pasture/crops/trees/ deep ditches/ and swamp areas. By law do I have the right to use ingress and egress listed on plat. My father used this road for over 20 years and we have continued to use this road since his passing in 2005. I live in King George, Virginia. What are my easement rights?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ingress-Egress Prescriptive Easement

    for you to claim legal rights, you will have to go to court and sue. Until then it is simply an arguement between you and your uncle.

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Ingress-Egress Prescriptive Easement

    Thank you for this info. now one more question. After reveiwing my plat which has been recorded with he county under notes #1 it states property shown hereon is subject to all easements and resrictions of record or otherwise. Does this help me in anyway?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ingress-Egress Prescriptive Easement

    No. It is a generic statement. It does not state, in itself, if there are any easements or restrictions. Even if there were, you would be more interested in what easements and restrictions his property is subject to.

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