easement dispute

[mwind1252]

undefinedWhat is the name of your state?

Virginia---
Our neighbor has gated and locked a road which from '77 until 2000 was primary access to our property. This road has been in existance for 75+ years. It is the only access to a large area of our property. We now use another access that was closed until this time. We have been in court since '01. We've had one incomplete testimonial hearing with a Commissioner of Chancery over a year ago and nothing has proceeded since. The defendents attorney has tried to add additional parties to this case who properties we go through to access ours from the state highway. We've had no problem with them. We have no deeded access, just a common road usage.Who can we contact to push this case for a settlement ? Our attorney has been paid to resolve this but doesn't seem motivated.

 

[seniorjudge]

undefinedWhat is the name of your state?

Virginia---
Our neighbor has gated and locked a road which from '77 until 2000 was primary access to our property. This road has been in existance for 75+ years. It is the only access to a large area of our property. We now use another access that was closed until this time. We have been in court since '01. We've had one incomplete testimonial hearing with a Commissioner of Chancery over a year ago and nothing has proceeded since. The defendents attorney has tried to add additional parties to this case who properties we go through to access ours from the state highway. We've had no problem with them. We have no deeded access, just a common road usage.Who can we contact to push this case for a settlement ? Our attorney has been paid to resolve this but doesn't seem motivated.

If your lawyer cannot help you, what would you want us to do?

 

[ms.magoo]

Well as a layperson, I'll try an give your question a shot. For one, has your lawyer even did Discoveries yet ? Once that gets done, then if your case is stronger than theirs, they might want to make a settlement with you, an give you access an a proper easement out of the deal. This route would save both parties a lot of money with having to take the legal matter to a trial, vewy vewy expensive !!! You also state that this road has been used for 75 + years, well then why doesn't your lawyer, yet again, petition for a prescriptive easement ? Also why doesn't your lawyer also put a motion in for a "interloctuary injunction" in order for your road to remain opened, and that both parties are to refrain from molesting and harrassing, directly an indirectly, with each other, until this matter is deal't with in the courts ? If I were you, I'd put your lawyer under a hot pot, an see how fast he re-acts to your demands. If he still doesn't budge to get on with your legal matter, the best advice I can give you would to fire the dude an go an get yourself a real estate atty with an attidude and willingness to jump on the case. The questions I have asked of you, well YOU should be asking your lawyer the same things. Once ya have asked these questions to your lawyer, get back to us and let us know what kind of answers he gave you. Good luck to you.