Right of way usage?

[dlc54]

In March of 2001 we signed the papers and bought a small part of a larger farm. We only own the house and 1.2 acres. What was the original right of way to this whole farm is the paved drive way that is about 20 feet from our bedroom window. The seller and we agreed that he would give up the original ROW in exchange for a ROW over to the far side of what we own. He agreed that he would build the road up to the property line, gravel, but would not put any gravel on our property. It is level and really would not need it.

They have not done anything and it has been over a year. At the end of the driveway is where the parking area for our cars. If both are there they insist on going through the yard no matter what condition, wet etc. I got fed up and put a make shift fence to keep them off the grass.

When you get to the top of the driveway they can go right and gain access to their property (hay field). Now they are bring ing in heavy equipment and farm machines and doing damage to the paved drive.

They still own the rest of the farm which also has over 600 feet of road frontage but insist on coming up here.

Is there anything that I can do to stop them from coming up the paved drive? We live in Virginia in a rural county outside of any town or city limits.

 

[FarmerJ]

Was everything agreed to in writing ? If so you may be able to prevent there use of the old driveway . Is the easement granted in writing ? If it is not I would say your free to call the sheriffs dept and file complaint about tresspassing . But do make sure to read all your documents first . If easement was granted and the work they said they would do is in writing then I would guess not only would you have ground to make a civil claim for damage to your property but likely could still file tresspassing charges , so review your documents. AND consult with a local law firm about what possible options you have .