What are my rights regarding private road rights?

UPDATED: Oct 1, 2022

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What are my rights regarding private road rights?

I currently live on a private road with 3 other homes. There is also a subdivision in front of me. My neighbor is the owner of the road and his brother lives a couple houses away on a different road. The brother has been letting his teen daughter ride a 4-wheeler up and down in front of our house. Sometimes it is very loud other times not as bad but annoying none the less since I did not want to live on a drag strip. We have spoken to her father and he said he would cooperate by making sure she goes slower and shortening the amount of times but so far after a couple days it started up again with the loudness now him included riding it. We have not spoken to the owner since he is the brother and doubt he will cooperate. I would just like to know what I could do to have them stopping from coming in

front of my house.

Asked on August 30, 2017 under Real Estate Law, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the father and the brother for nuisance.  Nuisance is an unreasonable interference with the use and enjoyment of your property.
Damages (monetary compensation) would be an inadequate remedy because of multiplicity of lawsuits due the ongoing nature of the nuisance and because land is unique.
Therefore, your remedy would be to pursue an injunction.  The court will balance the interests of the opposing parties in determining whether or not to grant an injunction. 
Prior to filing a lawsuit, you might want to contact the city attorney because there may be a noise ordinance that your neighbors are violating.  Perhaps a letter from the city attorney to your neighbors will resolve the matter.

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