                                 CODE OF VIRGINIA

GATES ACROSS PRIVATE ROADS; LEAVING GATES OPEN; GATES ACROSS PRIVATE ROADS
LEADING TO FORESTLANDS; PENALTIES (§ 33.2-110)

A. Any person owning land over which another or others have a private road or
right-of-way may, except when it is otherwise provided by contract, erect and
maintain gates across such roads or right-of-way at all points at which fences
extend to such roads on each side thereof. A court of competent jurisdiction
may, upon petition, require the landowner to make such changes as may be
necessary and reasonable in the use of such roads for both the landowner and the
petitioner. Nothing herein shall prohibit the replacement of a gate with a
cattle guard as authorized in &#xA7; 55.1-2809.

B. If any person without permission of the owners of such gate or of the land on
which the gate is located leaves the gate open, he is guilty of a Class 1
misdemeanor.

C. The owners of forest and timberlands may substantially obstruct or close
private and seldom used roads leading to or into such forest or timberlands from
the public highways of the Commonwealth at points at or near which the private
roads enter their property or forestlands; and, in all cases where any such
private road is subject to an easement for travel for the benefit of other lands
not regularly and continuously inhabited, the owner of such forest or
timberlands may obstruct the road with a gate, chain, cable, or other removable
obstruction, lock the obstruction, and after furnishing a key to the lock to the
owner or owners of the land or lands to which the forestlands are servient,
require those entitled to the easement to unlock and relock such obstruction
upon making use of the road.
			There shall be no penalty upon the owner of such forest or timberlands for
failure to erect such obstructions, but if such obstruction is erected, any
person without the permission of the owner who destroys, removes, or leaves the
obstruction open or unlocked, in cases where the obstruction is locked by the
owner and the keys are furnished as provided in this subsection, is guilty of a
misdemeanor punishable by a fine of not less than $25 nor more than $500,
provided that in all cases of forest fires upon the owner&#8217;s lands or those
adjacent or near thereto, the expressed permission of the owner shall be deemed
given to all persons aiding in extinguishing or preventing the spreading of the
fire to remove the obstructions, including the breaking of locks.

HISTORY: Code 1950, §§ 33-119, 33-120, 33-120.1; 1952, c. 695; 1954, c. 457;
1970, c. 322, §§ 33.1-202, 33.1-203, 33.1-204; 2014, c. 805; 2019, c. 542.