Virginia Deed of Easement to the Government

State:
Virginia
Control #:
VA-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

Purpose of conserving the natural and cultural values of the Property, preserving the dominant agricultural, woodland and wetland character of the Property, and preventing the use or development of the Property for any purpose or in any manner which would conflict with the maintenance of the Property in its scenic, agricultural, woodland and wetland condition or with purposes of the Open Space Land Act.


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

Include the whole length and width. Do this by reference to plans and a ground inspection. Deduct the "after scenario" value from the "before scenario" value to arrive at a value per unit of the easement land. Multiply by the measured area of the easement land to arrive at a total market value.

The value of the easement is based on the difference between the value of the whole property before the taking and its value after the taking with the easement in place.

Easements are usually but not always registered on the Title to the property. Registration takes place with Land and Property Information in NSW and the Office of Regulatory Services in the ACT. The purpose of registering an easement over land is to show on the public record that an easement exists.

An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.

Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.

When one of the owners of either the dominant estate which an easement benefits or the servient estate over which the easement runs becomes the owner of both properties, then there is a unity of the two titles, and since an owner does not need an easement over the owner's own property, according to Florida law, the

When the government (or, in some cases, a private entity) needs access to private property, it may exercise its power of eminent domain to do so. . In broad strokes, an easement is the legal right of one party to use or access someone else's property, whether that be over, under or through the land.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

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Virginia Deed of Easement to the Government