An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
Virginia General Form of Easement Agreement
State:
Multi-State
Control #:
US-00982BG
Format:
Word;
Rich Text
138 downloads
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FAQ
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.
Generally, the right of way ranges from 25 to 150 feet from the road's center line. Due to this wide range, it's important to find out exact right-of-way distance before installing a sign or objects near a road. Can I place a sign along the road? Signs cannot be on or overhanging state right of way.
Expiration. The simplest way an easement can terminate is if the time period for the easement's existence expires. ... Merger of Title. ... Release or Abandonment by the Easement Holder. ... Cessation of the Purpose of the Easement. ... Destruction of the Servient Tenement. ... Prescription.
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 term ease- ment and the term servitude are often used indi- scriminately; the one is usually applied to the right enjoyed, the other to the burden imposed. A right of way over the land of another is an easement in the dominant estate and servitude upon the servient estate.
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.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
