Legal Question in Real Estate Law in Virginia

Re: Property Right Of Way

Maryland's type of recordation law comes into play with your filing in Circuit Court. Maryland is a race-notice statute. You satisfy Maryland's requirements that the "dominant" and "servient" estates were once under common ownership, that the necessity existed at the time that ownership of one of the estates was transferred to another person, that you have an absolute necessity for use of an easement thus, with all conditions satisfied, you have the basis of an easement by necessity. The type and placement of the easement will depend on local zoning law. If none of the other owners willfully agree to grant an easement, you should contact an attorney for assistance. Your easement should be recorded.

G. Joseph Holthaus (410) 799-9002

Re: Property Right Of Way

You have what is known as a prescriptive easement across that portion of the original parcel that would provide access to a puplic road. If the property owner(s) refuse to voluntarily convey one you will have to fie suit to establish your rights to an easement and the court will "help" locate one.

Re: Property Right Of Way

Your best option is to consult with an attorney

who understands the law of realty in the particular area where the property is located. This person will be able to examine the original deeds and related documents to determine whether an easement was, perhaps, granted with the particular devise to the person in the line of inheritance from which you received it.

If no such easement is in evidence from an examination of the land records and title documents, your attorney may need to file a motion with the court of appropriate jurisdiction requesting that such an easement be granted to you from neccesity if the affected landowners are

unwilling to do it by consent.