Virginia Deed Easement Without
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FAQ
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.
A 'deed of easement' is a signed, legal document that grants the right to use another person's land for a specifically stated purpose. The right to do something on your own land which would otherwise amount to a private nuisance can be an easement, for example, actions that give rise to noise.
Where land is registered, and an easement is granted by deed, it must be registered over both the land subject to and benefitting from the easement in order to operate at law. If the easement is not registered it will exist as an equitable easement.
