Location: Virginia, USA
Three different questions regarding the same problem.
1.
I live in the countryside, there’s a singular dirt road shared by myself, and 2 neighbors.
Neighbor A, owns the upper half of the road, with the lower half split between Neighbor B and Myself. I know it’s split evenly between us because when I bought the property 2 years ago I had someone check the pins marking the property lines because Neighbor B insisted the entire road was theirs and I needed to pay 500-1000$ a year in gravel to use “their” road.
Now, Neighbor B in a single day has erected 2 large wooden fence posts, a gate, a lock and a notice that it will be shut today, in the middle of the road on Neighbor A’s portion.
The problem is both I and Neighbor A will be unable to enter or leave our properties as this is the only road to and fro. How can we stop them from doing this? Or can we sue/legally force them to take it down?
2.
My wife wants to erect a fence line down the middle of the road on our portion, blocking their access to this road as Neighbor B has a second usable entrance and it wouldn’t at all impede Neighbor A or myself. Is that possible or just as legally wrong as what Neighbor B is doing?
3.
They have an easement for their septic tank on our property that we kept out of decency but we’d like to revoke/remove. But I’m not sure we can, because it’d make their home unlivable. What’s the prognosis for that situation?
Comments
Look at your deed or meet with a real estate atty if you need help deciphering it. But odds are everyone owns the right of way on the shared driveway regardless of whose land the ROW sits on along its length.
In which case you would all share the same rights and responsibilities and nobody can cut off your access (legally).
NAL, but I too live at the end of a private ROW with 6 properties having deeded rights of access.
Not a lawyer, but for three, you would need a legal reason. Is there a contract with termination dates or a process? If not, unless they agree or abandon, its unlikely you could legally terminate their easement.