- Jurisdiction
- Virginia
I am the owner of lake front lots (80 & 45) in VA. It was recently discovered that a deed to a different set of off water lots from 1967 mentions my lots in the following way: "Lots 80 and 45 are reserved for the use and benefit of the owners of Lots 15-29 inclusive, 42 and 43, for the purpose of access to the waters of the lake, and for such appurtenant usage thereof as may be feasible." The interesting fact is that this agreement is never mentioned anywhere in the chain of title for my lots. In other words, the "reservation" is attached to the dominant estate, but is never mentioned or referenced on the servient estate. Does this lack of record on the servient estate somehow create a way to null this agreement mentioned on the dominant estate? The off water lots mentioned have never been improved on in 55+ years...so there's no one currently needing access to the waters at this time. However, if someone did build a home...would this deed hold up?
Let's assume that it does...what does "reserved" mean anyways? Is this a synonym for an easement? Does it somehow take away my rights to build a home and improve the land? The language seems pretty vague because if it does hold up, how much access am I required to give and how? I'm just overly worried about my rights on the land because of the word "reserved". I don't want to keep investing time and money to potentially build a house or dock to later find out that I was never allowed to because of that 1967 deed.
I can't seem to find much information about this through Google...so I'm hoping someone legally minded who follows this site can offer some clarity to "reserved" and their interpretation of this whole situation. I'm more than happy to address any questions if someone needs more details.
Let's assume that it does...what does "reserved" mean anyways? Is this a synonym for an easement? Does it somehow take away my rights to build a home and improve the land? The language seems pretty vague because if it does hold up, how much access am I required to give and how? I'm just overly worried about my rights on the land because of the word "reserved". I don't want to keep investing time and money to potentially build a house or dock to later find out that I was never allowed to because of that 1967 deed.
I can't seem to find much information about this through Google...so I'm hoping someone legally minded who follows this site can offer some clarity to "reserved" and their interpretation of this whole situation. I'm more than happy to address any questions if someone needs more details.