easement holder rights

[mkw2]

We had to buy a right of way in order to get
access from the main road to our property.
So we paid full cost to have a road put in.
The new oweners of this land that we got the
right of way from are destroying the road by
using it as a race track for motocycles, and
driving heavy equipment on it. They do not
need to use this driveway to get to there
property or house, they have seperate entrances for that,so is there anything we can do to stop them from destroying the road
we paid to have put in?
Thank you
Kathy Wood
[email protected]

 

[Arlene]

What does the document granting you the right of way say about usage? The language of the easement will determine who is permitted to control the easement. But beyone that, even if they are permitted to use the road, they are responsible for any damage they cause. You may be able to limit usage to light vehicles, or whatever limitations you feel appropriate, based on ownership of the right-of-way. And you may bring a claim against them for property damage, nuisance, waste, and other appropriate causes of action aimed at holding them responsible for damaging the road. It might be possible to obtain an injunction preventing them from uses which damage the road. Consult a local real estate attorney to explore your options.

 

[Attorney_Replogle]

Your right-of-way is really what we call an easement. Your easement is the right to a reasonable and usual enjoyment (or use) of that particular part of the land. The person who granted (sold) you the easement still has the right to maintain to use that land also. In your situation, that would include doing that acts you mentioned.

Does it "destroy" the value of the road you paid to be put in? Sure it does? Do you have any rights to stop the other landowner from doing those acts? No, generally speaking you don't.

As long as you have the opportunity to a reasonable and usual use of the driveway, then that is all you can expect.

However, the above is a general statement of real property law. It may be different in your state of Virgina. So please feel free to contact a real estate attorney near you to get your state's legal low down on this matter. You can find one at attorneypages.com.

Of course my legal opinion is different than the other attorney's above. I may be wrong and she may be right. You will definitely have to check the written documents granting the easement as well as your state's laws.

------------------
Mark B. Replogle

[This message has been edited by Attorney_Replogle (edited April 25, 2000).]