Property rights- Ingress, Egress

[MBB1981]

Jurisdiction

Virginia

My parents gifted my sister and myself property adjacent to their's. My sisters property sets back behind mine and there is a shared driveway. She's older and therefore she was able to to pick what parcel she wanted and it was deeded to her and her husband. They put in the driveway that runs across what is now my parcel. We are having issues with her husband intentionally running off the driveway into our yard and causing damage. We recently found out that they placed the driveway completely outside of the ingress egress area that the county specified it was suppose to go. But yet he keeps saying he has the right to drive in my yard so many feet off tge side of the driveway. The driveway is actually our private driveway at this point correct? Wooded are is where they were suppose to put it.

 

[army judge]

No one here can help you.
Yours has become a complex legal dilemma.
If you wish to solve it, it'll probably require you to retain the services of a VA Licensed Attorney, knowledgeable in VA property law.

I suggest you seek out the services of such an attorney, ASAP.

Whatever you do, forget any useless, time wasting, self help remedies.

 

[Red Kayak]

So are you saying that he's going off the driveway into the wooded area, Or is he trespassing on the developed side of the driveway?

And why? What sort of damage?

I'm assuming that you wouldn't be here if he were just occasionally going off the driveway on the wooded side to get around a parked car, and otherwise is just driving through. And I would assume that people in your household aren't generally parking on the driveway that they are using, right?

I suggest you contact a real estate attorney. An initial consult should not cost much. Maybe the issue can be resolved a letter from a lawyer, but more likely, it might require a little more. Or a lot more.

 

[adjusterjack]

The driveway is actually our private driveway at this point correct?

No. Not if your sister has to use it to get to her property. You did say it was shared.

As for her husband driving on your lawn the solution is simple and a fraction of the cost of litigation.

Put a line of boulders along the edge of the grass. Every 6' ought to do it.

 

[MBB1981]

So are you saying that he's going off the driveway into the wooded area, Or is he trespassing on the developed side of the driveway?

And why? What sort of damage?

I'm assuming that you wouldn't be here if he were just occasionally going off the driveway on the wooded side to get around a parked car, and otherwise is just driving through. And I would assume that people in your household aren't generally parking on the driveway that they are using, right?

I suggest you contact a real estate attorney. An initial consult should not cost much. Maybe the issue can be resolved a letter from a lawyer, but more likely, it might require a little more. Or a lot more.

He is driving onto the developed side onto my property on purpose. No we do not park there ever, we have a driveway that runs up to our house.

 

[MBB1981]

No. Not if your sister has to use it to get to her property. You did say it was shared.

As for her husband driving on your lawn the solution is simple and a fraction of the cost of litigation.

Put a line of boulders along the edge of the grass. Every 6' ought to do it.

Yes it's shared but when they built and put the driveway in they were told by the county where it had to go and within the assigned 30' ingress/egress and they did not put within that boundary at all.

 

[adjusterjack]

Yes it's shared but when they built and put the driveway in they were told by the county where it had to go and within the assigned 30' ingress/egress and they did not put within that boundary at all.

That's irrelevant now, since the driveway is already in place.

What's relevant now is what to do about your sister's ahole husband.

 

[army judge]

Once upon a time: People learned the following phrase, "Don't look a gift horse in the mouth."

Sooner, rather than later, people began LOOKING/THINKING about "gift horses". What do you suppose many learned? It might better serve your INTERESTS to LOOK THAT GIFT HORSE IN THE MOUTH, EYES, LEGS, HEAD, ALL OVER; and politely, profusely thank the kind donor, by saying, "Thanks for thinking about me, offering me such a great gift, but its in MY best interests for you to keep the gift, because accepting it today it'll become a bigger burden than my finances could bare.

"Look a gift horse in the mouth" means to be critical of something that has been given or offered to you as a gift, suggesting that you should appreciate gifts without questioning their value. This phrase has been used for over 1,500 years as a reminder to be grateful for what you receive. Today, don't throw caution and deliberation away, use them to make better decisions!

 

[army judge]

What's relevant now is what to do about your sister's ahole husband.

In some situations there's very little one can do without spending money to rectify a troubling situation. Even after dropping heavy coin in an attempt to ameliorate troublesome concerns, there's little one can do, but tear up and let the tears flow. Meanwhile, consideration might be given to GIFTING the problem to another, unsuspecting, trusting soul.

 

[Red Kayak]

Yes it's shared but when they built and put the driveway in they were told by the county where it had to go and within the assigned 30' ingress/egress and they did not put within that boundary at all.

Then I second AJ's suggestion of boulders.
Some other ideas: Barriers to Keep Cars Off Grass Effective Solutions

And the bill him when he destroys your landscape features.

 

[welkin]

My parents gifted my sister and myself property adjacent to their's. My sisters property sets back behind mine and there is a shared driveway. She's older and therefore she was able to to pick what parcel she wanted and it was deeded to her and her husband. They put in the driveway that runs across what is now my parcel. We are having issues with her husband intentionally running off the driveway into our yard and causing damage. We recently found out that they placed the driveway completely outside of the ingress egress area that the county specified it was suppose to go. But yet he keeps saying he has the right to drive in my yard so many feet off tge side of the driveway. The driveway is actually our private driveway at this point correct? Wooded are is where they were suppose to put it.

Let's talk about the partial plat that you posted because that appears (from your written post) to be a subdivision plat dated August 19, 1991, where I assume that your property is shaded gray, and your sister's property is above yours. That would make your parents property adjacent to your left property line. Do I have that correct? And that your property and that of your sister extends to the right to the wooded property because there is a survey property corner marker (IPF) where that property line meets the road. That plat also shows an 8-foot gravel Dr. at the time the plat was made. Is that where your sister made the driveway or are they just using what has always been there?

Or does the plat only depict your property and your sister's property is above yours?

What makes you think that the County is who said where the easement would go? That is not how it usually works. It is a surveyor who draws up a subdivision plat that is approved by the county or local jurisdiction. So, answer the questions posed.

To understand why and how your situation came about you must first look to your deed and that of your sister's property because an easement was created, and the wording of the easement grant is very important to know.

Come back with some answers and we'll take it from there

 

[MBB1981]

Let's talk about the partial plat that you posted because that appears (from your written post) to be a subdivision plat dated August 19, 1991, where I assume that your property is shaded gray, and your sister's property is above yours. That would make your parents property adjacent to your left property line. Do I have that correct? And that your property and that of your sister extends to the right to the wooded property because there is a survey property corner marker (IPF) where that property line meets the road. That plat also shows an 8-foot gravel Dr. at the time the plat was made. Is that where your sister made the driveway or are they just using what has always been there?

Or does the plat only depict your property and your sister's property is above yours?

What makes you think that the County is who said where the easement would go? That is not how it usually works. It is a surveyor who draws up a subdivision plat that is approved by the county or local jurisdiction. So, answer the questions posed.

To understand why and how your situation came about you must first look to your deed and that of your sister's property because an easement was created, and the wording of the easement grant is very important to know.

Come back with some answers and we'll take it from there

This is the deed for their property. It states that said easement is designated as "30" INGRESS & EGRESS EASEMENT on the aforesaid plat of survey to be recorded herewith. Reference is hereby made to said plat for a more particular description of the easement hereby conveyed.

 

[welkin]

So, what you have is an easement created by a recorded plat with no further description as to use except for it being for ingress and egress (I/E). Typically, an easement for I/E can only be used to come and go. It doesn't allow for storage, parking, or structures to be built. That is true in all states unless an express grant says otherwise, and your deed only has a grant by plat. All the cars that you depict, whether partially or entirely on the easement violate the easement.

You have not answered the question, did your sister use the existing 8-foot Dr. as their driveway. And if your sister's property is above yours as shown on the plat. Now I will tell you why this is important.

The plat shows and the deed says, also conveyed is the easement from a county road. The plat shows the easement extending to the north property line of your sister's property. That leads me to believe that there is more undeveloped property north of your sister lot that will be developed in the future. A typical driveway easement width is 10-20 feet wide. A 30-foot-wide easement suggests a two-lane road. If the easement was only to serve your sister's property, then the easement would only extend to your northern property line. You have county road frontage and don't need an easement. That would make you the servant estate and your sister the dominant estate where your sister gets to use your property to get to hers.

I suggest you go to your county registrar's office and look at the entire map of the subdivision to know who owns what property and why a 30-foot easement extends to the norther property line of your sister's lot. If I had to guess, I would say that easement will someday be a road at which time, whoever is developing the northern property will develop a road through both properties on the easement.

Once you know the entire story, you would be wise to consult with a land use attorney in your area. But for now, I don't think I would be too concerned about where exactly the easement is. You can consider some of the member's suggestions to keep your sister's husband off the grass.