How do I resolve an easement or boundary dispute in Virginia?

1. Easement Types

Virginia recognizes express easements (written, recorded under Va. Code § 55.1-300), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

Va. Code § 8.01-236: 15-year period. Elements: actual, hostile, exclusive, visible, continuous possession under claim of right for 15 years (Grappo v. Blanks, 400 S.E.2d 168). Burden by clear and convincing evidence.

3. Prescriptive Easement

20-year continuous, adverse, open, notorious use under claim of right (Pettus v. Keeling, 305 S.E.2d 901). Note: prescriptive period (20) is LONGER than adverse possession (15) in Virginia. No tax payment required.

4. Quiet Title Action

Virginia uses common law equitable bills to quiet title plus statutory ejectment (Va. Code § 8.01-131 et seq.). Filed in circuit court of county/city where land sits.

5. Boundary Disputes

Virginia recognizes boundary by agreement and acquiescence. Licensed Virginia surveyor required. Boundary Line Adjustment process available under Va. Code § 15.2-2275 with local approval.

6. Encroachment Remedies

Virginia courts balance equities for innocent encroachments; relative hardship may favor damages over mandatory removal. Willful encroachers face removal injunctions.

7. Express Easement Termination

Release, merger, abandonment (nonuse plus clear intent), expiration, end of purpose for necessity easements.

8. Marketable Title Act

Va. Code § 55.1-2500 et seq.: 40-year root of title extinguishes pre-root interests unless preserved by recorded notice. Applies to most private interests.

9. Litigation / Mediation

Circuit court for title actions; General District Court for small boundary disputes under $25,000. Court-referred mediation under Va. Code § 8.01-576.4 et seq.

This is legal information, not legal advice.