Virginia Subordinaton of Mortgage Lien to Easement and Right of Way

State:
Multi-State
Control #:
US-OG-1212
Format:
Word; 
Rich Text
Instant download

Description

This form is a subordination of mortgage lien to easement and right of way.

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FAQ

The base estimate includes a lane width factor with a standard lane of 10 feet.

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.

§ 46.2-821. Vehicles before entering certain highways shall stop or yield right-of-way.

There is no standard right of way distance for every road. Generally, the right of way ranges from 25 to 150 feet from the road's center line. Due to this wide range, it's important to find out exact right-of-way distance before installing a sign or objects near a road.

Right-of-way at uncontrolled intersections, generally. Except as otherwise provided in this article, when two vehicles approach or enter an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

Prescriptive easements arise from continuous use of a particular area for a particular purpose for a requisite period with knowledge and acquiescence of the owners. These easements are thought vested in the public interest for purpose and right of passage over the way.

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.

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Virginia Subordinaton of Mortgage Lien to Easement and Right of Way