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undocumented right-of-way West Virginia

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  • undocumented right-of-way West Virginia

    My mother and stepfather have lived on a farm which is basically landlocked. They have a legal right-of-way but the condition of the road is so poor they cannot drive on it. They have been using a road that ran on the edge of another person's property for the last 15+ years. When my stepfather passed away in June, my mother has needed to sell property for money to live on. The people who own property that she drives down the side of to get out of her property have said no one can come on their property now. Real Estate lady was told she could not come back to show house. My mom has very very very limited income and we need to get this squared away soon. What would be the most efficient and low cost way to get this issue squared away. she does not have finances to fight in court. Is there a legal ruling she could get so they can't stop her from driving up to her house or selling it? Need answer asap. She is elderly and very sick and probably couldn't handle a trial.

  • #2
    If the road that is now blocked was the only way for her to access her property, she would probably be able to establish an easement by necessity. It sounds, however, like there is another road that has been allowed to become undriveable. It's unclear who was responsible for maintaining that road, but it's understandable that the owner of the other property who've been allowing her to use their road don't want this condition to become permanent when the property is sold. You probably don't want to hear this, but the solution may be to repair the road that is undriveable now. In any event, if she wants to try to establish an easement over the other property, she will have to go to court to get a court order for it.
    I am not able to respond to private messages. Thanks!


    • #3
      undocumented right-of-way

      Thanks for taking the time to help out with this.