Virginia Utility Easement Law For Fences

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

§ 55.1-2821. Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them chooses to let his land lie open or unless they agree otherwise.

Driveways and fences can be right up to the property line as long as they do not encroach on the neighboring property. However, it is recommended that fences and driveways be kept a few feet inside the property line for maintenance purposes.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

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.

ALL fences or walls to be constructed require a Building Permit, no matter the cost. Additionally, all NEW fences or walls must meet all current setbacks and City Code requirements.

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Virginia Utility Easement Law For Fences