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Virginia law regarding Easement by Prescription

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Jere in Radford

Junior Member
What is the name of your state (only U.S. law)? Virginia
After how many years does an easement by prescription become valid?

A person bought two side by side properties. One had a home on it and the other was vacant land. They put a circular driveway in about 10 years ago for access to the vacant land and then added a mobile home. I bought the property with the home four years ago and part of the circular driveway is on my property (almost 1/4 to 1/3 of it). There is no easement in my deed and nothing was ever placed into record for either property.

Is VA easement by prescription law met? Can I close this driveway section in order to "stop the clock" on the period of time the easement is accumulating?
Thank you
 


FlyingRon

Senior Member
Twenty years, continuous and uninterrupted.

Yes, you can stop the right. You can also make it permissive use.
Either one will block the claim of prescription.
 

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