My question involves an easement in the state of:Virginia
A neighbor with substantial money wants to use an old easement to create a circular driveway because it is "prettier." He recently built a driveway from the main paved highway road all the way back to his residence. Before this, his only access was through an extremely small portion of my property, which is 2.5 acres, and his is approximately 17 acres. Before he owned the property, this minor incursion on my land was used for over 50 years, and there has been a fence erected that has been standing for over 40 years separating the property. Now, he wants to tear down the fence, and put a driveway down the entire side of my property (approximately 600 feet versus about 100 feet now) because it looks "prettier."
My questions are:
1) is this considered reasonable use of the right of way easement as this will significantly harm my land, the fence, and the landscaping?
2) He built a driveway from the public highway, is there any way to terminate his right of way as this is an encumbrance on my property?
3) As the deed states, 30 feet on the western portion of the property, since the remaining 500 feet of that right of way has never been used, and there has been a fence over 40 years, is there anything prescriptive that would prevent its use and destruction of my property?
A neighbor with substantial money wants to use an old easement to create a circular driveway because it is "prettier." He recently built a driveway from the main paved highway road all the way back to his residence. Before this, his only access was through an extremely small portion of my property, which is 2.5 acres, and his is approximately 17 acres. Before he owned the property, this minor incursion on my land was used for over 50 years, and there has been a fence erected that has been standing for over 40 years separating the property. Now, he wants to tear down the fence, and put a driveway down the entire side of my property (approximately 600 feet versus about 100 feet now) because it looks "prettier."
My questions are:
1) is this considered reasonable use of the right of way easement as this will significantly harm my land, the fence, and the landscaping?
2) He built a driveway from the public highway, is there any way to terminate his right of way as this is an encumbrance on my property?
3) As the deed states, 30 feet on the western portion of the property, since the remaining 500 feet of that right of way has never been used, and there has been a fence over 40 years, is there anything prescriptive that would prevent its use and destruction of my property?
Termination: Prevent a Neighbor from Exercising an Easement when He Already Has a Driveway
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