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Easement request vs. landowner rights

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PerplexedVA

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

My father owned 875 acres in central Virginia and divided it among my sisters and me in the 1950s. In the process, one of the parcels became landlocked. The primary access road in to the original land runs across my property. That road continues past my house to the landlocked parcel. Since my sister lived out of state and rarely visited the land (maybe 20 times in 50 years), access to her parcel was never an issue. Now her heirs want an easement across my property so that they can sell the landlocked parcel.

I politely declined at first, since the access road runs through the middle of my property for 1/2 mile and within 50 feet of my front door. I suggested other options via other routes across other adjoining landowners. Now they have retained an attorney and are threatening legal action. To avoid court, I made what I consider to be a reasonable offer -- 50/50 cost sharing for road maintenance and a request for 2.75 acres from their parcel that joins a corner of my land. I explained that we have maintained this road at our own expense for many years, never asking for assistance from them. They have refused my offer. It seems like they expect an easement across my property at no cost to themselves.

Can they do this? As the owner of the access road, what are my rights? I have no doubt that a judge will rule in their favor with regard to access via the "traditional" road across my land, but am I not entitled to something in return? If their land was to remain in the family, I'd gladly GIVE them an easement... but they've been trying to sell the property for several years. So I'm concerned about future neighbors passing my house. Do I have a leg to stand on?

Thanks ahead of time to anyone who can shed some light on this issue.
 


lwpat

Senior Member
They have an easement whether you want one or not. You do have a right to request a maintenance agreement and this is fair since it will cost them to go to court and have the easement granted by a judge. Since the easement will effect your property forever, it may be in your best interest to consider building another road in a better location for you even if you have to maintain it. You are not being reasonable and are going to get stuck if you don't start being reasonable.
 

PerplexedVA

Junior Member
Thanks for the input. We already considered rerouting part of the road, but there are too many obstacles involved. Guess we'll live with it as is. I figured they had the right to the easement, I just wasn't sure about what was reasonable in return.
 

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