50' Right of Way Questions

[CowgirlHD]

What is the name of your state (only U.S. law)? Virginia

We are looking at a property to buy that does not have road frontage and comes with a 50' deeded Right of Way thru the neighbors property that does touch the main road. Currently, this 50' is technically only about a 15' wide "path" that has not been maintained. I do not mind making the improvements to this Right of Way, but wanted to be clear of my legal rights regarding a ROW - it will have to be widened to allow our vehicles in and out, not to mention having our modular home moved in and will require trees to be cut and gravel to put down. Can I make these changes without having to "beg" neighbors to "let" me?? or am I within my legal rights?What is the name of your state (only U.S. law)?

 

[drewguy]

If the deeded right of way says 50 feet then you should have the right to use the entire width for the stated purpose (I assume ingress and egress).

 

[154NH773]

Can I make these changes without having to "beg" neighbors to "let" me?? or am I within my legal rights?

I agree with drewguy, however; my neighbors still hold a grudge with me because I didn't "have the decency" to tell them I was going to improve the easement so I could get access to my lot.

So it depends on your hopes for future relations with them whether you should ask them, or politely inform them of your intentions.

My theory was; that it is better to ask for forgiveness than to beg for permission. But that's me...

 

[justalayman]

you need to read the doscument that created the easement or anything in the deed that would speak to use, requirements for maintenance, and limitations. It might be spelled out. If it isn't, you should address this with the servient tenant before getting in too deep.

You should also speak with your local building department to be sure you can build with just as easement as access. Some areas do not allow that anymore.