Legal Question in Real Estate Law in Virginia

I Purchased land in a subdivision 2 years ago and built a house on the land. the land has a stream that runs through it which was part of the reason I purchased it. Last year I found out that the local govt was planning on making a walking path and public area along the stream. This path will cut through the middle of my property and will also have a fence. I have looked at my land surveys and drawings and there was never any indication that the town had a right of way through my property. They are talking about starting the path and I was wondering if there was anything I could do to keep the town out of my backyard.

Asked on 8/06/09, 10:50 pm

1 Answer from Attorneys

Susan Allen The Law Office of Susan E. Allen, PLLC

Hire a local real estate attorney to obtain and review the records related to your property. There may be a reservation of an easement somewhere in the records that the surveyor did not locate, assuming you had a complete survey done and not just a house location drawing.

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Answered on 8/12/09, 8:40 am

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