Easement disputes in Southwest Virginia can involve rights of way across land, access roads, utility corridors, and more. Fidelis Law, PLC litigates easement disputes and defends property owners' rights across the region.
Easement Law in Virginia — What You Need to Know
An easement is a legal right to use another person's land for a specific purpose. Easements can be created by express grant in a deed, by implication, by necessity (when land is otherwise landlocked), or by prescription (similar to adverse possession — through long, open, and uninterrupted use). They can also be terminated, and disputes frequently arise over whether an easement exists, its scope, or whether it has been abandoned or extinguished.
In Southwest Virginia, easement disputes are particularly common because of the region's topography, history of land divisions, and the prevalence of landlocked parcels created by decades of family land splits. Access road disputes between neighbors are among the most contentious property conflicts we handle.
Types of Easement Cases We Handle
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Access road and right-of-way disputes
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Landlocked parcel — easement by necessity
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Prescriptive easement claims
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Scope of easement disputes
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Easement blocking or interference
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Utility easement conflicts
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Easement termination and abandonment
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Implied easements from prior use
If a neighbor is blocking your access road or preventing you from using a right-of-way you've relied on for years, you may have the right to a court order restoring your access — and potentially damages. Don't accept a blocked road as a permanent situation.
Experienced, Thorough, and Ready for Court
Easement cases require careful review of deed chains, plats, and the actual history of use on the ground. We work to build the most complete factual record possible — including historical use, the original intent of the parties who created the easement, and the physical evidence on the property — and present that record effectively in court.
Whether you need to establish an easement you've never had formally recognized, defend your property against an easement claim, or enforce an easement that is being blocked, Fidelis Law, PLC is prepared to take your case from initial consultation through trial if necessary.