Hard to Answer your Question
A utility right of way, or a utility easement, is an area of the property that are defined to be used by utility companies for things like underground electric, water, sewer, etc. The right of way typically extends only to the utility companies, and (from what I can tell) has nothing to do with your neighbor.
If your neighbor wants to drive on your property to "get to his land," there are a number of issues in my mind:
(1) Was he granted access to drive on the property from the current owner? Virginia recognizes an easement from preexisting use that is continuous, obvious, and reasonably necessary.
(2) Is his property otherwise landlocked, i.e. does his property not have direct frontage to a public right of way? The law could imply an easement (easement by implication) based on, for example, prior use of an easement. If the properties were once commonly owned, and the separating of the properties is why the neighbor needs the easement, then there might be an easement by necessity.
(And, perhaps not relevant, but an indemnification agreement is an agreement that says someone will hold you harmless for losses or damages, and will indemnify you (compensate you) if you are held responsible for such damage -- note that a party that is otherwise harmed can sue you for damage, but you have a contract with another party to cover those damages. Such an agreement is only as good as the other person's ability to pay).
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In response to this post by pburg_hokie)
Posted: 07/24/2019 at 10:08AM