What is a right of way in Virginia?

The driver of a vehicle, intending to turn left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction if it is so close as to constitute a hazard.

What is a private right of way?

A private right of way is a type of ‘easement’, which, put simply, is a right that benefits one piece of land (known as the ‘dominant land’) over another piece of land owned by someone else (known as the ‘servient land’).

Who is responsible for maintaining an easement in Virginia?

the owner of the easement
One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is – the owner of the easement is responsible for maintaining the easement.

How do I get an easement for landlocked property in Virginia?

In order to establish this type of easement one would need to prove 1) that one’s property is without access to a public right‐of‐way (necessity); 2) that one’s property was at one time part of a larger parcel which had access (most commonly frontage) to a public road; and 3) that the property through which one seeks …

What is an easement in Virginia?

Virginia Easement Laws. 1. What is an Easement? An easement is a right to use another owner’s land for a specific purpose or a right to demand another owner from using his land for a specific purpose. If you own an easement, you only own the right to enforce it, not the actual ownership of that person’s land.

Can you remove a right of way?

You will also need to demonstrate that those benefiting from the right of way has agreed that they no longer have use for the right of way and agree to release the right. This would involve entering into a Deed of Release, to formally remove the right.

Can someone block my right of way?

If your right of way is blocked in any way, this can cause inconvenience. However, to be able to take action against the person causing the inconvenience, the blockage must be a substantial interference.

Can I put a gate on a right of way?

It is well-established that a gate can be erected across a right of way (Pettey v Parsons (1914)) and such a gate can even have a lock (Johnstone v Holdway (1963)); the question for the court is whether the gate amounts to a substantial interference with the convenient use of the right of way compared with the …