Virginia Utility Easement

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Multi-State
Control #:
US-EAS-28
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Word; 
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Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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.

A Virginia Utility Easement is a legal right granted to utility companies, allowing them the access and use of a designated portion of land for the installation, maintenance, and repair of utility infrastructure. It permits utility providers to install and maintain power lines, water pipes, sewer lines, gas lines, and telecommunications infrastructure across private properties. Virginia recognizes several types of utility easements, each serving a specific purpose: 1. Electrical Power Easement: This type of utility easement authorizes utility companies to install and maintain power transmission lines and associated equipment, ensuring a reliable electricity supply to the surrounding areas. 2. Water and Sewer Easement: Water and wastewater utility companies are granted access to properties through this easement to construct, maintain, and repair water supply and sewage systems. It allows them to install pipelines, water meters, and sewage infrastructure to ensure a continuous supply of clean water and efficient wastewater management. 3. Gas Easement: Gas utility companies are granted this easement to install and maintain gas pipelines across properties, allowing them to distribute natural gas to homes, commercial buildings, and industrial facilities for heating, cooking, and other purposes. 4. Telecommunications Easement: Telecommunication companies, such as internet service providers and telephone companies, are granted this easement to establish and maintain telecommunication infrastructure. This includes laying fiber optic cables, building cell towers, and erecting utility poles to ensure widespread communication access. The purpose of these easements is to accommodate the essential utilities necessary for residents and businesses. Landowners may still own and use the land subject to the utility easement, but they must agree to grant certain rights and comply with the restrictions imposed by the utility company's access requirements. It is essential to consult legal professionals to understand the specific terms and obligations associated with utility easements in Virginia.

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FAQ

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.

This agreement is to be recorded in the office of the clerk of the circuit court in the county or city where the easement is located ( 55-50). An easement deed should be in writing and should contain the terms of the agreement, the duration and scope of the easement, and a description.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

Virginia Adverse Possession Laws at a Glance Typically, the trespasser must possess the property publicly and, in some cases, pay property taxes as if he or she owned the property. Under Virginia adverse possession laws, a person may acquire title after inhabiting a property for 15 years. Virginia Adverse Possession Laws - FindLaw findlaw.com ? state ? virginia-law ? virginia... findlaw.com ? state ? virginia-law ? virginia...

"'Easements correspond to the servitudes of the civil law, and consist (1) of privileges on the part of one person to use the land of another (the servient tract) in a particular manner and for a particular purpose, or (2) of rights to demand that the owner of the servient tract refrain from certain uses of his own ... Overview of Easements (Servitudes), Licenses and Restrictive Covenants ... mccandlishlawyers.com ? uploads ? 2020/10 ? Ov... mccandlishlawyers.com ? uploads ? 2020/10 ? Ov...

If you are unable to obtain a written easement, you may be able to obtain an implied easement. You may be able to establish an easement by necessity or by implied grant. Easements of necessity are implied in circumstances where land would be unusable without an easement.

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 ...

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant 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.

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"Easement" means an existing or future occupied electric distribution or communications easement with right of apportionment, including a prescriptive easement, ... Complete metes and bounds descriptions are required for the acquisition of land owned by U.S. Government, State Agencies, National Forest Service, Railroad ...A. For the purposes of this section, "utility services" means any products, services, and equipment related to energy, broadband and other communications ... Oct 21, 2009 — Specify the plat directly on the face of the deed. Incorporate the plat, and show the full extent of the easement on the plat. And include all ... In the space provided for the easement description, please insert an accurate description of the easement including the type of easement, i.e., ... Jul 24, 2013 — need to be filled in prior to submission of the deed for review. Prepared by: Grantor's Name. Address. Consideration:. Jul 1, 2021 — The applicant shall prepare two copies of an exhibit plat signed and sealed by a land surveyor registered in Virginia showing the easement and ... Dominion Energy will review the pertinent easement documents, as well as operational and legal requirements. If permission is granted, Dominion Energy will ... 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 ... Almost every property has a utility easement. Utility easements are shown on the plat that you received when you purchased your home. If you cannot locate your ...

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Virginia Utility Easement