Virginia Utility Easement Law With Trees

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

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects ...

The Code of Virginia (Section §33.2-1011) prescribes our right for entering property for highway related purposes, courtesy demands that this right must not be abused. Every possible effort must be made by all entering the property to contact public and private property owners prior to entry.

Some common types of easements include: Right-of-way. Right of entry. Right to the support of land and buildings. Right of light and air. Right to water.

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.

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Virginia Utility Easement Law With Trees