• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

egress/ingress

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

leyland

Junior Member
What is the name of your state?VA, I bought this property two years ago the deed stated a 50' right of way for ingress from and egress to Virginia Route 629 as shown on said plat,this was for the owner's of three propertys connecting to one side of my property.the gravel drive runs aprox 1500' there is a fence that is mine that runs along side this drive the complete way.This fence contains my horses.there is also a run in shed a small barn within this easement.We bought the property with it all this way knowing no better.six months ago I went to the neighbors and asked if they would mind if I planted trees down the side of the fence line?They said no problem.well so much for the gentlemens agreement,I planted the trees and now they want them removed along with the right to move the exsisting fence if they so disire.this is only one out of the three that is behind it the others have stated they do not care about the matter. I cannot find anything that is a standard of a i/e easement to go on.I will be meeting with surveyor's and a lawyer this week.I would like to at least know where to look for documents on such a case.
Thank's
ley
 


leyland

Junior Member
thanks for the response just wanted to make sure i was posting correctly:)D i have the rest of my life and am in no hurry!)
ley
 

justalayman

Senior Member
leyland said:
What is the name of your state?VA, I bought this property two years ago the deed stated a 50' right of way for ingress from and egress to Virginia Route 629 as shown on said plat,this was for the owner's of three propertys connecting to one side of my property.the gravel drive runs aprox 1500' there is a fence that is mine that runs along side this drive the complete way.This fence contains my horses.there is also a run in shed a small barn within this easement.We bought the property with it all this way knowing no better.six months ago I went to the neighbors and asked if they would mind if I planted trees down the side of the fence line?They said no problem.well so much for the gentlemens agreement,I planted the trees and now they want them removed along with the right to move the exsisting fence if they so disire.this is only one out of the three that is behind it the others have stated they do not care about the matter. I cannot find anything that is a standard of a i/e easement to go on.I will be meeting with surveyor's and a lawyer this week.I would like to at least know where to look for documents on such a case.
Thank's
ley

Could you clarify a point or two?

Who actually owns the property the easement crosses? It sounds like you but not sure.

Is the fence actually on the easement or on your property next to the easement?

The trees; on the easement or on your property next to the easement?
-----------------------
You cannot do anything that would prevent the other grantees of their use of any of the easement. The
a run in shed a small barn within this easement
sounds like it may present a problem unless this was included in the easement agreement.
 

leyland

Junior Member
ingress/egress

yes all the above are in the easement the run in shed fence and barn were there when we bought the property. we put the trees in with a gentelmens agreement if there is such a thing.
 

leyland

Junior Member
Oh by the way the property is ours the easement is theirs.it runs along the entire side of our property the fence is aprox 25'(the center) of the easement.the driveway is 5' into the easement.Question! if they can have us move these items,can the fence be moved to the outside property line,and gates or livestock guards be installed to keep our horse's within the propertys lot lines.this way we will not lose our pasture.
Thanks for any response:)
 

seniorjudge

Senior Member
leyland said:
Oh by the way the property is ours the easement is theirs.it runs along the entire side of our property the fence is aprox 25'(the center) of the easement.the driveway is 5' into the easement.Question! if they can have us move these items,can the fence be moved to the outside property line,and gates or livestock guards be installed to keep our horse's within the propertys lot lines.this way we will not lose our pasture.
Thanks for any response:)
If you are not interfering with the right of ingress and egress, you can do anything you like to your own property.

Q: if they can have us move these items,can the fence be moved to the outside property line,and gates or livestock guards be installed to keep our horse's within the propertys lot lines.

A: You don't have to move anything to gain the right to install gates and cattle guards.
 

leyland

Junior Member
I don't think that we are restricting the right of ingress/egress but full enjoyment of the 50' easement is restricted and was so when we purchased the property.These people have been ingressing and egressing (two famlies four cars)for over a year and have met on the road twice in that time, only to stop and have (what appeared to be) neighborly chats. As to the gate and such,the driveway is now on the other side of our fence that contains our horses my question is could I move my fence to the other side of the driveway(this is where the actual property line is) opening the pasture and the drive all into one area and gate off each end. they would then have to open gates to ingress/egress and most likley incounter horse manure and the horse it came from.
 

lwpat

Senior Member
Placing gates, etc would interfere with their prior use and cause a problem. If the trees etc do not restrict their access, you can do what you want. You may want to take your deed to an attorney. Usually a deed cannot give an easement to a "stranger to the deed."

In other words, they may not have a right to the easement or right of way depending on which it is. They may have an easement by prior use, etc. Get a copy of all the deeds, plats, etc. and have an attorney look them over. He can tell you what your rights are based on VA law.
 

leyland

Junior Member
thank's for the input we have since retained our 3rd law firm and they seem to agree that these people are nut's.We supplied pic's of the property,lines,fence,tree's ect... and he seem's to think they have no recourse since they have 20' or so of safe ingress/egress.Next on my agenda is a contaminated well,After our first year here we found that we had total coliform and e-coli in our water. after brief investigation we found that the sellers had tested positive also and bleached the well so they could have the doc's to go to closing.we got hold of the same testing co and they have supplied us with the failed test and bleaching.your thought's kind sir's/mam's
 

leyland

Junior Member
See this is what happens when the dougless's move to the country plenty of (green acre's) but what lies below?Good ? I will need to look into that,allthough our lender would not have lent on this property if this item had been disclosed.Thats is why it was a requirement for a termite and water inspect.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top