I own wooded property in rural Va. A new neighbor has recently built a driveway which encroaches onto my property. There is no record of an easement. I wonder what steps I should take to protect my Property Rights.
State/Country relating to question: Virginia
I spoke to the real estate salesman who sold the property to the new neighbor. The agent also arranged the survey of the property.
Note : Culpeper County, Va.
Good afternoon. A property owner has a couple of alternatives in this situation...i) demand that any portion of the driveway that encroaches upon the property owner's property be removed and if the neighbor refuses, have it removed at the neighbor's cost; or ii) notify the neighbor of the encroachment and inform the neighbor that he has no right to the encroachment, but that the property owner is at this time going to consent to the encroachment so he cannot later claim any ownership by Adverse Possession or any prescriptive Easement through long time use, but that you reserve the right at any time to demand that the encroaching portion be removed.
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Texas lawyer for 32 years; Also RE developer
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