Palmyra, VA asked in Real Estate Law for Virginia

Q: Does a driveway need to be shown on the original plot to be considered a egress

The front of my lot has a stem property access to the back. They are putting a fence along their property line and intend to block an area we have used as a driveway since moving here 40 years ago. It is surfaced as a driveway,but their claim is that since it is not on the original plot drawing that it is not a driveway and they can block it off. I have a second driveway on the other end. Is only one egress allowed on the property

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1 Lawyer Answer

A: You need to aggressive (not violently, though) defend your rights, or you will lose them in this setting. If you have used the egress for more than 21 years, you are likely to have acquired it by adverse possession even if it wasn't marked. But, if you fail to enforce, you will be left with your real property rights of title, which will also evaporate in 21 years.

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