What are a private property owner’s rights regarding the use of a prescriptive easement on their property?
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What are a private property owner’s rights regarding the use of a prescriptive easement on their property?
I own a small farm that has a prescriptive easement across it for additional property owners above us. One neighbor has chosen to open a meat/poultry and vegetable business. They have opened up their place and have invited the public to purchase products from their farm. In doing so, this has now created an undue burden on our private road not to mention the unwanted traffic. Is there a law that will protect me from the unwanted public presence on my property?
Asked on February 13, 2012 under Real Estate Law, Virginia
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
Talk to the neighbor. Ask them to stop, although nicely. Otherwise, you may have to get a lawyer to sue for injunction, based on overburdening and misuse of the easement.
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