Virginia Flowage Easement
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FAQ
Utility Easement ? It allows a utility company or local municipality to access your property for things such as power lines, water lines, utility boxes, etc. Private Easement ? Private easement rights are granted to an individual. A property owner might grant a neighbor access to a body of water through their property.
An easement deed can be acknowledged in this state before a notary public; a judge, clerk, or deputy clerk of a court of record; a court commissioner; a register of deeds or deputy register of deeds; a municipal judge; or a county clerk or deputy county clerk (706.07).
Flowage easements are located on private property, however property owners are restricted from building any structures on the flowage easement without prior written approval from the USACE. Property owners are allowed to remove/change any vegetation within a flowage easement.
A quick definition of flowage: The owner of the higher property has the right to let the water flow onto the lower property, and the owner of the lower property has to allow it. It's like a special rule that says water can move downhill.
There are many lots in Wisconsin that do not have legal access to a public road, and ingly, are considered landlocked. Although such parcels may be sold, the valuation of the property may be tricky if there is no legal access.
