Legal Question in Real Estate Law in Virginia

I have a recorded righteously across the farm that was owned by my dad it is dated 1998. I have maintained this road as it is the only way I have to get home. The man that bought the farm 7yrs of a has now decided to nail boards across the road so I have to break them to get out for any reason. Is this legal for him to do?

Asked on 2/20/16, 11:24 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I assume that you are referring to a recorded easement which allows you access to

enter as well as exit your property across the land of this new owner to the main road, but even if there were no such easement already recorded, under these facts you would likely be able to

claim what's called an easement of necessity which would be recognized by the local court.

Either way,however, what this new owner is doing in attempting to bar your way across

his propertywill not stand up in court if you should file suit against him (my opinion).

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Answered on 2/20/16, 2:40 pm

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