Virginia General Easement for Utilities

State:
Multi-State
Control #:
US-EAS-34
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Word; 
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Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

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

The Code of Virginia (Section §33.2-1011) prescribes our right for entering property for highway related purposes, courtesy demands that this right must not be abused. Every possible effort must be made by all entering the property to contact public and private property owners prior to entry. Chapter 4 Right of Entry, Property, Prescriptive Easements ... Virginia Department of Transportation ? SurveyManual Virginia Department of Transportation ? SurveyManual PDF

The easement of necessity by implied grant operates under the principle that when one conveys property one intends to convey all that is necessary for the reasonable use and enjoyment of the property. Obtaining Access to Land-Locked Property in Virginia - MartinWren, P.C. martinwrenlaw.com ? blog ? obtaining-access-to-l... martinwrenlaw.com ? blog ? obtaining-access-to-l...

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.

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. Easements | Colonial Heights, VA - Official Website colonialheightsva.gov ? Easements colonialheightsva.gov ? 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. Shared Easement Maintenance ? What To Know - John Rinaldi thelandlawyers.com ? shared-easement-maintenan... thelandlawyers.com ? shared-easement-maintenan...

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 ...

"'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 ...

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.

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Virginia General Easement for Utilities