A Virginia Correction to Description in Easement and Right of Way is a legal document used to rectify any errors or inaccuracies in the description of an easement or right of way recorded in Virginia. This correction is necessary to ensure clarity and accuracy in property records and to avoid any potential disputes or confusion regarding the boundaries or extent of the easement or right of way. When an error or mistake is identified in the description of an easement or right of way, it is crucial to file a correction promptly to ensure legal compliance. The correction document typically includes the correct and accurate description of the easement or right of way, along with references to the original recorded document that contains the error. In Virginia, there are two main types of corrections that can be made to the description of an easement or right of way: 1. Correction of Typographical Errors: This type of correction is made when the error in the description is due to a typographical mistake or a clerical error. It typically involves correcting spelling mistakes, incorrect dimensions, or inaccurate references to landmarks or property boundaries. 2. Correction of Substantive Errors: This type of correction is made when the error in the description fundamentally affects the boundaries or nature of the easement or right of way. Substantive errors could include incorrect measurements, inaccurate legal descriptions, or identifications of the affected properties. To initiate a correction, the property owner or the party with an interest in the easement or right of way must prepare and execute a Virginia Correction to Description in Easement and Right of Way document. This document should be signed by all relevant parties involved, including the granter and grantee. Once executed, the correction should be recorded in the land records office or clerk's office of the Virginia county where the property is located. In conclusion, a Virginia Correction to Description in Easement and Right of Way is a vital legal tool to rectify errors or inaccuracies in the description of an easement or right of way. Promptly addressing these issues through a correction document helps maintain clear property records and minimize potential disputes. Whether it is correcting a typographical error or rectifying a substantive mistake, it is essential to follow the necessary legal procedures and record the correction document accurately in the appropriate county office.
Virginia Correction to Description in Easement and Right of Way
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FAQ
"Obvious description error" means an error in a real property parcel description contained in a recorded deed, deed of trust, or mortgage where (i) such parcel is identified and shown as a separate parcel on a recorded subdivision plat; (ii) such error is apparent by reference to other information on the face of such ...
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.
"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 ...
§ 33.2-1023. Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate.
Can I change a right of way? Usually a right of way, contained within a deed, will remain in place, exactly as it is written, even where the land or property has changed hands. It is possible, however, to extinguish a right of way because it has been abandoned but it is incredibly difficult to prove abandonment.
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.
Virginia Supreme Court Largely Affirms Right of Pipeline to Conduct Property Surveys and Examinations without Landowner Approval.
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 ...
