Virginia Easement Form

State:
Virginia
Control #:
VA-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

For the installation, maintenance, operation, and repair of drainage facilities and of utility lines, pipes, and facilities connected therewith.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.

One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.

Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.

Easements are usually recorded with the land records division of the county or city clerk's office. In Fairfax, Loudoun and Prince William, the Circuit Court Clerk's Office, Land Records, is responsible for recording easements. You can view your property plat maps by reviewing the files in Land Records.

Creation of EasementsExpress Easements. Express easements are created by a written agreement between landowners granting or reserving an easement.Implied Easements.Prescriptive Easements.

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More info

Construction is complete and the easement areas have been restored. Return Document to: Utility Engineer, Public Utilities Department.City Hall Building, 2nd Floor. This guidance document highlights the generally acceptable practices for surveys along prescriptive roads. There are many of these roads in Virginia. The entire process of conveying an open-space easement to VOF is voluntary. If you're planning to carry out work on or near a transmission line easement that is likely to require our written consent, complete a co-use request form.

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Virginia Easement Form