Q: I have a 50 foot access with a gravel road used daily for 50 years for ingress & egress. Can it be terminated?

A: To have a claim of right to this drive, you would have to show by clear and convincing evidence that for 20 years the road was used under a claim of right adverse to the woman and her predecessors in interest. Since she purchased in 1986, its possible that by directing that nobody grade or grave the driveway, she has accomplished a switcheroo, asserting ownership interest or at least in part adverse to yours for the last 20 years and possibly wiping out a prescriptive easement.

An easement is " 'a privilege without profit, which the owner of one tenement has a right to enjoy in respect of that tenement in or over the tenement of another person; by reason whereof the latter is obliged to suffer, or refrain from doing something on his own tenement for the advantage of the former.' " Stevenson v. Wallace, 68 Va. (27 Gratt.) 77, 87 (1876) (quoting Goddard on Easements, (page 2); accord Brown v. Haley, 233 Va. 210, 216, 355 S.E.2d 563, 567-68, 3 Va. Law Rep. 2286 (1987); Bunn v. Offutt, 216 Va. 681, 684, 222 S.E.2d 522, 525 (1976). The claimant of a prescriptive easement over the property of another must prove by clear and convincing evidence that "the claimant's use of the roadway in question was adverse, under a claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the land over which it passes, and that the use has continued for at least 20 years." 6 Martin v. Moore, 263 Va. 640, 645, 561 S.E.2d 672, 675 (2002); accord McNeil v. Kingrey, 237 Va. 400, 404, 377 S.E.2d 430, 432, 5 Va. Law Rep. 1957 (1989); Pettus v. Keeling, 232 Va. 483, 485-87, 352 S.E.2d 321, 323-24, 3 Va. Law Rep. 1668 (1987). The court explained, clear and convincing evidence is that degree of proof which produces in the mind of the trier of facts a firm belief or conviction upon the allegations sought to be established. It is intermediate proof, more than a mere preponderance but less than proof beyond a reasonable doubt. It does not mean clear and unequivocal. Oberbroeckling v. Lyle, 234 Va. 373, 379, 362 S.E.2d 682, 685, 4 Va. Law Rep. 1203 (1987);

"The law is jealous of a claim to an easement." Eagle Lodge, Inc. v. Hofmeyer, 193 Va. 864, 877, 71 S.E.2d 195, 202 (1952). That is so because "the imposition of a prescriptive easement is the taking of a property right of the servient owner without payment of compensation." McNeil, 237 Va. at 406, 377 S.E.2d at 433. It is also one of the reasons why this Court decided that a claimant must establish a prescriptive easement by clear and convincing evidence. Pettus, 232 Va. at 486-87, 352 S.E.2d at 324.

A party may petition the court to declare whether or not their is an easement and what rights attach to that easement.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.