Ingress/egress easement rights

[Orcons]

I say what?

More from Alice's Restaurant. Around here it isn't Thanksgiving until you hear Alice's Restaurant. Noon eastern (at least on UMB).

 

[lcannister]

OP please be advised that tons of words, tons of case history and tons of confusing verbiage will not solve your problem you need to work within your own area to get the answers. Strange but true that what is absolutely right in one area is WAY off for another. See an Atty to look at what you have found and see if you can straighten this out and move on.

Good luck!

 

[jim22265]

Justice is Blind

Hopefully the judge won't have a seeing eye dog. Fortunately we arn't dealing with dead burnt bodies or veins in your teeth.

Ozark_Sophist - Sorry, you'll have to devote 45 minutes of your day to listening to Arlo or this thanksgiving it will likely come around on the guitar again.

Appreciate all the help everyone, I know what to do next.

 

[TomDurfee]

VA code

My ingress/egress easement grants me the right to ingress/egress over all that part of subserviant landowners land described in the deed. Narrowing the easement by building, planting, or otherwise encumbering the easement with a fence, gate, landscaping, etc is an encroachment upon the easement.

In Virginia the codes read differently at least for farmers such as myself.

§ 55-304. Property owner may place cattle guards or gates across right-of-way.

Any owner of property on which there is a road or way, not a public road, a highway, street or alley, over which an easement exists for ingress and egress of others may place cattle guards or gates across such way when required for the protection of livestock.

(Code 1950, § 8-873.1; 1954, c. 461; 1977, c. 624.)

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§ 55-305. Persons having easement may replace gate with cattle guard; maintenance and use thereof; deemed lawful gate.

Any person having an easement of right-of-way across the lands of another, may, at his own expense, replace any gate thereon with a substantial cattle guard sufficient to turn livestock. These cattle guards shall be maintained by the owner of the easement, who shall be responsible for keeping such cattle guards at all times in sufficient condition to turn livestock. If a cattle guard is rendered inoperative by inclement weather, the easement owner shall utilize and maintain any reasonable alternative method sufficient to turn livestock from the inoperative cattle guard until such cattle guard is rendered operative again. If the gate to be replaced is needed or used for the orderly ingress and egress of equipment or animals thereover, then such persons acting under the authority of this section shall construct such cattle guards so as to allow such ingress and egress or, if such easement is of sufficient width, may place such cattle guard adjacent to such gate.

Such a cattle guard shall be deemed a lawful gate and not an interference with such easement.

(Code 1950, §§ 8-873.2, 8-873.3; 1954, c. 461; 1977, c. 624; 1992, c. 483.)

 

[racer72]

In Virginia the codes read differently at least for farmers such as myself.

§ 55-304. Property owner may place cattle guards or gates across right-of-way.

Any owner of property on which there is a road or way, not a public road, a highway, street or alley, over which an easement exists for ingress and egress of others may place cattle guards or gates across such way when required for the protection of livestock.

(Code 1950, § 8-873.1; 1954, c. 461; 1977, c. 624.)

prev | next
§ 55-305. Persons having easement may replace gate with cattle guard; maintenance and use thereof; deemed lawful gate.

Any person having an easement of right-of-way across the lands of another, may, at his own expense, replace any gate thereon with a substantial cattle guard sufficient to turn livestock. These cattle guards shall be maintained by the owner of the easement, who shall be responsible for keeping such cattle guards at all times in sufficient condition to turn livestock. If a cattle guard is rendered inoperative by inclement weather, the easement owner shall utilize and maintain any reasonable alternative method sufficient to turn livestock from the inoperative cattle guard until such cattle guard is rendered operative again. If the gate to be replaced is needed or used for the orderly ingress and egress of equipment or animals thereover, then such persons acting under the authority of this section shall construct such cattle guards so as to allow such ingress and egress or, if such easement is of sufficient width, may place such cattle guard adjacent to such gate.

Such a cattle guard shall be deemed a lawful gate and not an interference with such easement.

(Code 1950, §§ 8-873.2, 8-873.3; 1954, c. 461; 1977, c. 624; 1992, c. 483.)

Do you realize this thread is over 6 years old? The OP is long gone. Please don't necropost.