Virginia Utility Easement Law For Dummies

State:
Virginia
Control #:
VA-EAS-8
Format:
Word; 
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Description

Temporary easement for the construction of public utilities over any amount of acreage.


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

A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.

Affirmative easements are the most common. They allow privileged use of land owned by others.

An easement is an interest in property that conveys the use, but not the ownership, of a portion of an owner's property. They are typically used for a specific portion of the property for many varied purposes.

An easement is a non-possessory right of use over the land of another. An easement holder has the right to use the landowner's property for a designated purpose and is prohibited from changing or expanding his use of the easement without the consent of the landowner.

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Virginia Utility Easement Law For Dummies