Driveway Easement Abuse Without Permission
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FAQ
As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.
The usual remedy for excessive use is an injunction to restrain use other than that permitted by the easement. Where it is impossible to sever the proper use from the excessive use, the burdened owner may be able to prevent any use of the right.
(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land.
Explanation I. --The doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and section 34.