A Virginia Deed of Easement is a legal document that allows a landowner to grant another party, such as a utility company, permission to use or enter onto their property for a specific purpose. The purpose of the easement can range from the construction and maintenance of a public roadway or utility line to a private agreement between two landowners to use a portion of one’s property for recreational or farming purposes. The party granting the easement, known as the granter, typically retains ownership of the property, but they must relinquish certain rights as outlined in the deed. Types of Virginia Deed of Easement include: 1. Conservation Easements: This type of easement is designed to protect natural resources, including land, water, and wildlife. 2. Utility Easements: These are often granted to utility companies to build and maintain power lines or pipelines for gas, water, or sewage. 3. Access Easements: This type of easement allows access to land or property for specific purposes, such as agricultural or recreational activities. 4. Private Easements: These are usually agreements between two private landowners that allow one party to use a portion of the other’s land for a specific purpose, such as farming.
Virginia Deed of Easement
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FAQ
The size of such easement shall be deemed to be the greater of the actual occupancy of the easement in the incumbent utility's usual course of business or 7.5 feet on each side of the installed facilities' center-line.
Driveway ? Rights and Obligations to Repair The short answer is ? the owner of the easement is responsible for maintaining the easement.
Legal Requirements for Adverse Possession in Virginia In order to prove adverse possession, the trespasser's possession must be: Hostile (without permission and against the right of the true land owner) Actual (demonstrate control over property) Exclusive (within the possession of the trespasser alone)
A conservation easement is a voluntary legal agreement that allows a landowner to maintain the natural beauty or historic value of his or her property and retain full ownership and care of the land, while conveying some property interest to a qualified organization or government agency.
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.
Depending on the circumstances and how the easement was created, it is generally the responsibility of the dominant tenement to maintain the easement site in the same way they would manage the rest of the attached land. There is generally no obligation for the servient tenement to maintain the right of carriageway.
All easements held by the Virginia Board of Historic Resources are recorded with the land records of the city or county in which the parcel of land subject to the easement is located. DHR also regularly notifies city and county tax assessors and planning and zoning offices of its easements.
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.