West Virginia Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
A thirty (30) foot right-of-way is required.
ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
In West Virginia (WV), an easement can grant utilities permission to operate underground, grant mineral extraction rights, or more. Understanding the impact of WV easements and rights of way is critical to the success of a commercial real estate transaction.
Landlocked parcels are typically the result of subdivisions or the division of a larger parcel of land into smaller parcels, which are sold off individually. Owners of a landlocked property can obtain an easement, which grants the right to cross over neighboring land to access the public road.
