Virginia Utility Easement (Electric Lines, Telephone Lines and Appurtenances)
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FAQ
If the dominant tenement is transferred or sold, the easement is instantly transferred with the land. For example, it you hold an appurtenant easement that permits you to cross over land on a specific path and sell it, the new holder can use the easement in the same manner.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
The term appurtenance refers to the attachment of a right or property to a more worthy principal. Put simply, appurtenance means that something legally belongs to another, larger, more valuable entity. It commonly occurs in real estate and applies to improvements or rights that come with a form of property.
Usually the land is owned by the adjacent property owners and the power transmission company has an easement over the property to allow the property lines to exist, be monitored and maintained.
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.
What Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Think of it this way: easements in gross attach to a person, easements appurtenant attach to the land (and are most often between two adjoining pieces of property). Because easements in gross attach to a person, you don't have to be a neighbor to receive one.
