What is the name of your state (only U.S. law)? VIRGINIA
Looking at a farm that does not have road-frontage and does not have a "Deeded Right of Way", but instead is said to have a "Prescriptive Easement".
In the current deed, it states that it is sold "with the non-exclusive right to use a 50 foot right of way and access road to and from Route ??? as shown on aforesaid plat of survey". There is also a sworn Affidavit registered in the Deed book in 1999 that states that this road has been in use to access this property for 30 years (and that was back in 1999, so it is 40 years now).
My question to this forum is that from all of your varied experiences - am I looking at possible problems? Can this road ever be closed off by property owners or more likely - future property owners?? Do I have any "legal" rights at all or just permission to go up and down the road? Thanks for any advice...
Looking at a farm that does not have road-frontage and does not have a "Deeded Right of Way", but instead is said to have a "Prescriptive Easement".
In the current deed, it states that it is sold "with the non-exclusive right to use a 50 foot right of way and access road to and from Route ??? as shown on aforesaid plat of survey". There is also a sworn Affidavit registered in the Deed book in 1999 that states that this road has been in use to access this property for 30 years (and that was back in 1999, so it is 40 years now).
My question to this forum is that from all of your varied experiences - am I looking at possible problems? Can this road ever be closed off by property owners or more likely - future property owners?? Do I have any "legal" rights at all or just permission to go up and down the road? Thanks for any advice...