Legal Question in Real Estate Law in West Virginia

Re: Rights of Right of Ways in Berkeley County

Rights of Way are created by deed. They can be reserved in a deed or granted to someone by deed. They may also be acquired by continuous use over time, or by necessity. The rights of the parties are governed by the grant if expressly granted or reserved in a deed. Usage and necessity will govern the limits with respect to Rights of Way acquired by other means. Analysis will require a review of documents in the record room as well as a review of the factual history of the use of this property. Generally speaking, the "owner" of the land subject to a right of way, cannot defeat the use of the right of way or even use the property in a manner that interferes with the use by the holder of the right of way.