Guam Easement and Right of Way with Option (for Pipelines)
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FAQ
An easement is a right to access or use land or property belonging to someone else in a particular way. For example, the general public might have a right to cross a field on a defined footpath. Or the owner of a neighbouring house might have a right to access a drain that runs under both houses.
If your right of way is blocked, you can use a reasonable alternative path, as long as you don't enter onto the land of a 3rd party. If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial.
What is the right of access? The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data, as well as other supplementary information. It helps individuals to understand how and why you are using their data, and check you are doing it lawfully.
However, in some situations a right of way may exists without a written deed, such an implied right or a right of necessity. On the other hand, a right of access typically arises in situations where another person has service connections which run through your land, and connect to theirs.
What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
You should consult with a local attorney about the specifics of WV easement law, but generally, access easements cannot be blocked or obstructed from use. A gate would be OK if you and emergency personnel can get thru. The lock is a bit more problematic. This is where specific local knowledge would be helpful.