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We have an easement on our property for two houses located behind ours. Is it legal for other people to use the right of way?

Parkersburg, WV |

We have spoke to these individuals several times and they have agreed to stop, but they continue to use right of way daily. We even posted private drive signs at the entrance but the signs have gotten torn down.

Attorney Answers 1


i would have to see the easement language and its location, but if truly a private easement, then no, only the owners of the two benefitted property, yourself and invitees and guests of all three can use it. These other folks - where are they going and why are they using it?

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It is actually a new car dealership located behind our houses. It is their employees that use our right of way daily because it is just more convenient for them. They drive their cars and golf carts through the right of way multiple times a day. Thank you for your answer, we may have to pursue it legally since they will not stop.

Thomas J Callahan

Thomas J Callahan


Do they have another means of accessing the dealership? I presume so. Talk to the ownership of the dealership about restricting their employees. Perhaps agree to put up a gate; one if which the local fire dept. would have access for emergencies. If it is not needed by the dealership, but also cannot be legally removed, perhaps you can agree to some estrictions. Speak with a local attorney, as how, when and why the easement was initially created may be a factor in what options you have.

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