33.1-184 - Evidence as to existence of a public road. - Virginia Statutes

§ 33.1-184. Evidence as to existence of a public road.

When a way has been worked by road officials as a public road and is used bythe public as such, proof of these facts shall be prima facie evidence thatthe same is a public road. And when a way has been regularly or periodicallyworked by road officials as a public road and used by the public as suchcontinuously for a period of twenty years, proof of these facts shall beconclusive evidence that the same is a public road. In all such cases thecenter of the general line of passage, conforming to the ancient landmarkswhere such exist, shall be presumed to be the center of the way and in theabsence of proof to the contrary the width shall be presumed to be thirtyfeet.

Nothing herein contained shall be construed to convert into a public road away of which the use by the public has been or is permissive and the workthereon by the road officials has been or is done under permission of theowner of the servient tenement.

(Code 1950, § 33-98; 1970, c. 322.)