Virginia Release of Right of Way / Easement to Surface Owner

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Multi-State
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US-OG-556
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Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

Virginia Release of Right of Way / Easement to Surface Owner: A Virginia Release of Right of Way / Easement to Surface Owner is a legal document that relinquishes the rights and interests held by a party (usually a utility company or government agency) over a specific property. This release allows the surface owner to regain full control and use of the land without any restrictions or encumbrances. Keywords: Virginia, Release of Right of Way, Easement, Surface Owner, legal document, relinquish, rights, interests, utility company, government agency, property, regain, control, restrictions, encumbrances. Different Types of Virginia Release of Right of Way / Easement to Surface Owner: 1. General Release of Right of Way / Easement: This type of release is used when the surface owner wants to remove or terminate any right of way or easement granted to a third party. It ensures that the surface owner regains complete control over the property, free from any previous rights or restrictions. 2. Utility Release of Right of Way / Easement: This specific type of release is utilized when a utility company, such as a power or telecommunications company, has been granted a right of way or easement over the surface owner's property. The utility release enables the surface owner to remove the utility company's rights and obligations, allowing for full use and development of the land. 3. Government Release of Right of Way / Easement: In some instances, government agencies may have been granted rights of way or easements over private property for public purposes such as roads, trails, or infrastructure. The government release of right of way/easement allows the surface owner to terminate these rights, providing them with sole control and management of their property. 4. Partial Release of Right of Way / Easement: Sometimes a surface owner may want to retain a portion of the right of way or easement granted to a third party. In such cases, a partial release is utilized to specify that only a certain portion of the rights and interests are being relinquished, ensuring that the surface owner retains some control while still accommodating the needs of the third party. 5. Temporary Release of Right of Way / Easement: Temporary releases are employed when a surface owner grants the right of way or easement for a limited period to a third party. This type of release defines the duration and purpose for which the rights are granted and ensures that after the specified time, the surface owner retains full control over their property. In conclusion, a Virginia Release of Right of Way / Easement to Surface Owner is a legal document that allows the surface owner to terminate or modify any rights and interests previously granted to a third party. It provides the surface owner with the ability to regain complete control and use of their property, ensuring their rights and interests are protected.

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FAQ

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.

Virginia Supreme Court Largely Affirms Right of Pipeline to Conduct Property Surveys and Examinations without Landowner Approval.

If written notice of termination is received by the Director from the grantee or if use of the easement is in fact abandoned by the grantee at any time prior to the end of the initial term or any renewal, the Director may immediately terminate the easement.

"Prescriptive easement" means an easement in favor of an incumbent utility or communications provider that is deemed to exist, without any requirement of adverse possession, claim of right, or exclusivity, when physical evidence, records of the incumbent utility, public records, or other evidence indicates that it has ...

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.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

§ 33.2-1023. Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate.

Some common types of easements include: Right-of-way. Right of entry. Right to the support of land and buildings. Right of light and air. Right to water.

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Virginia Release of Right of Way / Easement to Surface Owner