Real Estate Law
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The neighbor is wrong. What the neighbor is talking about is either a adverse possession (i.e., ownership) or prescriptive easement (usage). Both require the neighbor to meet the following elements: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property for a specified period of time. The problem that your neighbor has is that under VA law, the continuous use must be for at least 15 years; 3 years is not nearly sufficient. So, if you purchase this property, you will own it and you can demand the neighbor give up his usage or he will be trespassing and you will have it removed and sue him for the cost of removal. :)
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