Virginia § 33.2-105 - Evidence as to existence of a public highway
Full text of Virginia Code of Virginia § 33.2-105 — Evidence as to existence of a public highway, with citation guidance and answers to common questions.
§ 33.2-105. Evidence as to existence of a public highway
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.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 33.2-105
What does Code of Virginia § 33.2-105 cover?
Section 33.2-105 ("Evidence as to existence of a public highway") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 33.2-105?
A common citation format is "Code of Virginia § 33.2-105" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 33.2-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.