Legal Question in Civil Litigation in Virginia

I have a neighbor who refuses to clear his portion of an easement that I am supposed to have access to. There is a 25x50 portion on my property which is a continuous Driveway, His 25x50 portion is his "garden" which he refuses to clear. I have support from VDOT officials and the zoning and planning board, including specific documentation with a permit from VDOT to clear it myself and bill him (which I will never see a dime of). What court to I file with to have a judge order him to clear it. My attorney notified me the Judge will give him a limited time period, and after that it is a three days in jail with a $2,500 fine if he doesn't comply. What court do I file with and what is the action considered?


Asked on 6/01/11, 9:28 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Getting a judge to order him to clear and then waiting to see if he does may be a lot more expensive than clearing it yourself and demanding payment, failing which you could file in small claims court without an attorney to get a judgment for the amount you spent. The judgment would be a lien on his property if properly filed.

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Answered on 6/02/11, 9:39 am


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