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.
Code 1950, § 33-98; 1970, c. 322, § 33.1-184; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 1 - Definitions and General Provisions
§ 33.2-102. Authority of cities and towns and certain counties in connection with federal aid
§ 33.2-103. Certified mail; subsequent mail or notices may be sent by regular mail
§ 33.2-104. English units of measure
§ 33.2-105. Evidence as to existence of a public highway
§ 33.2-107. Secretary of Transportation to conduct periodic examination of process
§ 33.2-112. Sidewalks and walkways for pedestrian traffic
§ 33.2-113. Contributions by cities or towns towards highway building, bridges, etc.
§ 33.2-114. Virginia Aviation Board and Virginia Port Authority powers
§ 33.2-115. Department to establish smart transportation pilot zone
§ 33.2-117. Statutes declaring streams and rivers to be highways continued
§ 33.2-118. Mobile food vending in commuter lots in Planning District 8