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  #1  
Old 01-10-2005, 06:44 AM
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Join Date: Jan 2005
Posts: 1

Right-of-way


What is the name of your state? Virginia
When we bought our house, it was almost a mile off the main road, and we had a deeded right of way thru at least 2 pieces of properties that were never developed.
A developer has come in and cut in a new road (private) and cut off our old access. We do have access to the new road which is part of the old right of way.
My question is, is the old deeded right of way still in effect until we sign a new deeded right of way to the new road? Can he legally build a house right on top of part of the old right of way?
The builder wants us to sign papers, but has yet to come out with his lawyer so we can sign them.
This builder has lied to us about stuff before. He told me he was doing everyone a favor by paving the new private, but I found out from our county (Louisa) code that he had to. The county code does not cover private deeded right of ways.
Thanks
  #2  
Old 01-10-2005, 06:51 AM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Contact a local real estate attorney and show him/her the old ROW and the agreement the developer wishes you to sign.
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  #3  
Old 01-10-2005, 10:06 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by RugerRW
What is the name of your state? Virginia
When we bought our house, it was almost a mile off the main road, and we had a deeded right of way thru at least 2 pieces of properties that were never developed.
A developer has come in and cut in a new road (private) and cut off our old access. We do have access to the new road which is part of the old right of way.
My question is, is the old deeded right of way still in effect until we sign a new deeded right of way to the new road?

**A: yes, unless othjerwise statted in your row agreement.
*********

Can he legally build a house right on top of part of the old right of way?

**A: yes, if there is a new row and the old one extinguished.

********

The builder wants us to sign papers, but has yet to come out with his lawyer so we can sign them.
This builder has lied to us about stuff before. He told me he was doing everyone a favor by paving the new private, but I found out from our county (Louisa) code that he had to. The county code does not cover private deeded right of ways.
Thanks
**A: heed the advice from Breezy.
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