Virginia Easement In Gross

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

'In gross' means that the easement applies only to the particular person you're dealing with at that moment, whom you have decided to let access the property. When that person sells the property, the future owner is not included in the easement particulars.

An easement in gross can be sold to either an individual (personal) or to a company (commercial). For example, if your family owns land that abuts a highway and a local dairy farm wants to access that highway by cutting through your land, your family may sell a commercial easement in gross to the dairy.

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.

Related Content. An easement that arises when only one parcel of land is affected and is subservient to an easement without a dominant parcel of land benefiting from the easement.

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First, easements can be either appurtenant or in gross. Easements appurtenant are easements that benefit another parcel of property.Conversely, an easement in gross benefits an individual or a legal entity, rather than a dominant estate. An easement in gross is a "personal" easement. "Easement in gross" means an easement not tied to or dependent on ownership or occupancy of a unit or a parcel of real property. The merger doctrine applies equally to easements in gross when the easement holder acquires title to the servient estate. Easements in gross for the preservation or provision of open-space land. If title to the property is held in trust, eligibility shall be based on the combined Virginia individual income of the trust beneficiaries. Easements in gross benefit the person or entity who is granted the easement (the easement holder).

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Virginia Easement In Gross