Legal Question in Real Estate Law in Virginia

Re: Easement

Your only realistic remedy most likely is to purchase the adjacent lot, if that's possible.

Re: Easement

I would advise you to have the property re-surveyed and then consult with a local real estate attorney about the possibility of obtaining title to the easement by adverse possession.

Re: Easement

Regarding Mr. Sawyer's answer, my understanding of

acquiring title through adverse possession in the Commonwealth requires that the one advancing this claim must be able to demonstrate that he or she has been in what's referred to as open, continuous, and notorious possession of the real estate being adversely claimed for the required statutory period (around 15 years) and that no stacking is allowed to validate this claim.(Stacking in this context refers to combining the possession tenures of previous owners in order to get to the required 15 years.)

Obviously, in your situation, since you've just purchased the property and are not permitted to

use the possession periods of previous owners to validate your claim, it would appear that the

remedy of adverse possession as suggested by Mr. Sawyer is not a viable option for you in the situation which you have presented in your question on the BBS.