Pulaski, VA asked in Real Estate Law for Virginia

Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?

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2 Lawyer Answers
Anthony M. Avery
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A: If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the Dominant Tenement's.

So hire a VA to search both titles, possibly back for a hundred years or more. Consult with your attorney about terminating the ROW , suing for a Declaratory Judgment, or selling a joint use easement to them. .

Dominic Paul Lascara
Dominic Paul Lascara
Answered
  • Chesapeake, VA
  • Licensed in Virginia

A: To answer your question, an attorney would need to see both your Deed and subsequent deeds to the property along with the other parties' deed. The right to use someone else's property is generally considered an easement and that easement had to be created in a prior deed. IF the current deeds don't give any answers, a title examination of both parties' chain of title may have to be performed to answer your question. You should contact an attorney with real estate experience. Good luck.

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