Virginia Easement for Driveway

State:
Multi-State
Control #:
US-EAS-31
Format:
Word; 
Rich Text
Instant download

Description

This is an Easement for a Driveway, to be used across the United States. This form allows for a non-exclusive easement for the purpose of entry to a certain property, by and through the property's driveway.

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.

In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
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FAQ

Quiet title is an action that a property owner can bring when their ownership of that property is challenged. Virginia law strives to protect persons with good title to property from being subjected to future claims against that title.

All states require at least three years to establish a claim for adverse possession; some require up to 30 years.

Besides staying on the property for at least 15 years, every squatter in Virginia must meet five different occupation requirements to start their adverse possession case: Hostile Claim. ... Actual Possession. ... Open and Notorious Possession. ... Exclusive Possession. ... Continuous Possession.

LEGAL REQUIREMENTS FOR ADVERSE POSSESSION IN VIRGINIA Actual (demonstrate control over property) Exclusive (within the possession of the trespasser alone) Open and notorious (not hiding their occupancy, and using the property as the real owner would) Continuous for the statutory period (15 years in Virginia)

A locality may prevent any unlawful obstruction of or encroachment over, under or in any street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place; may provide penalties for maintaining any such unlawful obstruction or encroachment; may remove the same and charge the cost ...

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.

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 ...

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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Virginia Easement for Driveway