West Virginia Non-Exclusive Roadway Right of Way
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How to fill out Non-Exclusive Roadway Right Of Way?
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FAQ
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.
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.
An explicit easement requires proof of some form of writing ? for example, an act ? with the servitude described in specific terms. Other requirements to prove an easement by deed include signatures, a certificate of confirmation, and registration of the deed in the county where the property is located.
A thirty (30) foot right-of-way is required.
An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.
§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.
