Virginia Amendment to Easement (Powerline Easement)
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An easement allows Dominion Energy to use a property owner's land to construct, operate and maintain transmission lines. These agreements are signed by property owners and recorded on the title of the affected real estate.
Protection of assignees or transferees of debts secured by real estate; form of certificate of transfer.
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 ...
How deed of trust construed; duties, rights, etc., of parties. Every deed of trust to secure debts or indemnify sureties is in the nature of a contract and shall be construed ing to its terms to the extent not in conflict with the requirements of law.
§ 55.1-305. Any violation of this section may be deemed a private nuisance, provided, however, that the remedy for a violation of this section shall not in any manner impair the right to any other relief that may be applicable at law or in equity. 2003, c.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).
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.
"'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 ...