                                 CODE OF VIRGINIA

EVIDENCE AS TO EXISTENCE OF A PUBLIC HIGHWAY (§ 33.2-105)

When a way has been worked by highway officials as a public highway and is used
by the public as such, proof of these facts shall be prima facie evidence that
the same is a public highway. And when a way has been regularly or periodically
worked by highway officials as a public highway and used by the public as such
continuously for a period of 20 years, proof of these facts shall be conclusive
evidence that the same is a public highway. In all such cases, the center of the
general line of passage, conforming to the ancient landmarks where such exist,
shall be presumed to be the center of the way and in the absence of proof to the
contrary, the width shall be presumed to be 30 feet.
		Nothing contained in this section shall be construed to convert into a public
highway a way of which the use by the public has been or is permissive and the
work thereon by the highway officials has been or is done under permission of
the owner of the servient tenement.

HISTORY: Code 1950, § 33-98; 1970, c. 322, § 33.1-184; 2014, c. 805.