VA abandoned easement maintenance agreement

[vaeasement]

What is the name of your state (only U.S. law)? VA

Short Story:
Big property subdivided, access/utility easement made for subdivided properties with recorded maintenance agreement, easement through what is left of original property in front and edge of new parcels along what used to be an abandoned public road.

New access and utilities obtained from new state road, easement accesses were abandoned.

Quit claim deeds between agreeable landowners were filed to give up easement rights. Notice was recorded of abandonment (affidavit?) was filed with regard to subservient owner.

Subservient owner rejects abandonment and demands maintenance costs of old bridge on his property no longer used by other properties. He has replaced the bridge without approval of authorities and may be facing fines from state or feds for disturbing waterway.

Maintenance agreement does not have any provision for ending. Maintenance agreement requires sharing of costs between properties "using" easement.

Questions:
Does maintenance agreement survive abandoning easement?
Can subservient owner prevent abandoning easement?
Can fines be levied against parties of maintenance agreement for actions of subservient owner?

 

[vaeasement]

Longer story

Original property had public road through it, going from state highway across bridge on property through center of property and over hill through neighboring property to rear ending at another road. Road and bridge were abandoned and easements established for both properties along the former road. B had easement through A. A had easement through B.

Public Road
B|B
A|A
bridge
Public Road

C D and E were subdivided off of A. New easement was recorded for B across edge of C, D, and E. Easements were recorded for C, D, E, for access along edge of properties and across A but not B. A did not have easement to C,D, E but still had easement to B. Maintenance agreement between A B C D and E was made for easements with those using the easement being required to pay for maintenance in proportion to use. Owner of A kept ownership of E, but sold A C D and E. As houses were built on C D and E, costs were shared. First built was E so E and A shared costs from old house on A across bridge to public road. Then C was built and most recently D. B never shared costs since they did not use easement. Original owner of A C D and E now lives in E.

Public Road
B|B
A|E
A|D
A|C
A|A
bridge
Public Road

20 years later new road with bridge and utilities was recently built along edge of adjoining property when adjoining property was developed. Road was designed in cooperation with B C D and E and state officials so all properties including A could change access to new road. A did not like changes and did not apply for driveway permit on new road. A refused to cooperate with actions to end easements.

A has most recently replaced old bridge on his own without permits and may be facing consequences for state or feds. We want to avoid possible fallout to former users of easement and bridge.