VA
Virginia prescriptive easement law
Va. Code Ann. § 8.01-236; common law prescription
Prescriptive period
20 years
What actually decides a claim here
- Twenty years of open, visible, continuous, adverse use, shown by clear and convincing evidence.
- Long use raises a presumption of a grant that the owner must rebut.
Related terms
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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