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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111567
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My farm is located at the end of a state maintained gravel

Customer Question

My farm is located at the end of a state maintained gravel road in Culpeper VA which has had a cul de sac for over 70 years. I own one side of the Cul de sac and another property owner owns the other side. The gravel road has a 30' prescriptive easement but does not reflect the cul-de-sac. The other land owner recently had his property surveyed and realized that his side of the cul-de-sac was actually his property and lined big oak tree logs to prevent traffic from using his side of the Cul-de-sac to turn their cars around. This is a state maintained road and the state has been maintaining the Cul-de-sac for at least the 40 years that I personally recall. Since he's put up the barrier school busses have to go beyond my half of the cul-de-sac to turn around, which i have no problems allowing that but it just doesn't seem right that he can block off the use of what the public's been using for decades and the states been maintaining. I've alerted the head residency of VDOT and got no response. I've contacted the local VDOT guys and they came out to inspect but said if no ones complaining there's nothing they can do, but to contact the head residency rep, which as mentioned would not respond. there is a private gravel road about 200' before you reach the Cul-de-sac that school busses are now using to turn around but it's upsetting the people who live on that road because they're the ones who have to pay to maintain it being it's a private road, but they won't call VDOT to complain because the neighbor who blocked off his side of the Cul-de-sac is a known bully and they're all afraid of him, everyone but me that it. So I'm trying to be a good samaritan and right this wrong, how do you suggest I proceed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, what VDOT is telling you is that in order to pursue a claim you must have standing. To have standing here, you have to be personally be impacted by the actions of your neighbor. If you have personal harm coming to you or your property from your neighbor's actions, you can file suit against your neighbor for impairing your use of the easement. Until someone who is suffering harm from your neighbor's action files a complaint with VDOT or files suit, they cannot take action based on just someone who is a good Samaritan who has no harm from the actions because that person does not have harm and thus no standing to bring the complaint or claim. So you have to convince some neighbor who is suffering harm from the neighbor's actions.

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