Fairfax, VA asked in Real Estate Law for Virginia

Q: My neighbor and I put in (contracted) a walkway between our houses, mostly on her property. Can she now refuse me acces

She recently modified the walkway, using same materials.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: I suspect this is one of those "pay me now, or pay me more later" moments. When you contracted for the walkway, you could easily and cheaply create an access easement. If you didn't do that expressly, you might have created an estoppel in fact by your actions or your emails. But, proving that will be an expensive pain in the nether parts.

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