Real Estate Law
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Does your deed refer to the easement?
If so, you can seek to enforce the easement you have in writing and use it as authority to continue using the driveway.
If there is no written easement, you would have to claim an easement by prescription.
The Supreme Court of Virginia has ruled that, in order for one to establish a private right of way over someone else’s property by prescription, the one claiming the right of way “must prove that his use of the roadway was adverse, under a color of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owners of the land over which it passes, and that the use has continued for a period of at least 20 years.” Pettus v. Keeling, 232 Va. 483, 485 (1987).
IF the road has been used by you and your predecessors in interest for 50 consecutive years, then you can use the law of tacking to add your use together to establish the 20 year period for obtaining an easement by prescription.