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Adverse Possession

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mack2404

Junior Member
What is the name of your state?What is the name of your state? Virginia

What is the name of your state?Virginia

The back of my property has an access road located on it. A new house was recently built on the oppose side of the access road. The access road was not paved until a few months ago when my new neighbors were granted permission by the town's zoning department to pave the road. When they paved the access road, they made the left end of my property/access road, part of their driveway. My neighbors has prescriptive easement rights to the access road. A month ago I return home and my new neighbors had installed a fence on my property. The fence has one large gate on the right end and the left end has a small gate. The prescriptive easement stipulates that the road must be accessible so I guess that gates were installed to make the road accessible. My neighbors park their cars on my property at the end of the driveway/access road. I have approached my neighbors about the fence and they have agreed to sign the fence over to me. If I do not use the road and leave the fence up, and my neighbors continue to park their cars at the end of driveway/access road on my property, could it become a target for adverse possession by my neighbors? Will the prescriptive easement which stipulate the road must be accessible, protect my property from an adverse possession. What I am asking is "Can a adverse possession negate a prescriptive easement without my being aware of it"

Thanks.

Mack
 


BelizeBreeze

Senior Member
If they have agreed to sign the fence over to you all you need to do is include in this 'agreement' a clause refering to them never bringing an action or claim for adverse possession.

Have an attorney draft the 'agreement' to protect your rights.
 

mack2404

Junior Member
Thanks a lot BelizeBreeze for the quick response and your advice regarding protecting my rights against Adverse Possession. I just contacted an attorney this morning. I feel better knowing what to do. Mack2404
 

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