Virginia Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) In the state of Virginia, an easement and right of way is a legally recognized agreement that grants individuals or entities the nonexclusive, permanent use of a granter's private road. This arrangement ensures that the grantee has the legal right to access and use the private road for a specified purpose, such as accessing their property or for transportation needs. Nonexclusive means that the granter has the ability to grant similar easements or rights of way to other parties as well. This means that the grantee does not have exclusive use of the private road and must share it with others who may have similar easements or rights of way. Permanent use signifies that the grantee has the right to use the private road for an indefinite period. This means that the grantee can rely on the easement and right of way to access their property or fulfill their transportation needs without the fear of losing access over time. It is important to note that there can be different types of Virginia easements and rights of way (nonexclusive, permanent use of granter's private road). These variations can arise based on the specific terms and conditions outlined in the agreement: 1. Express Easement: This is a written agreement negotiated between the granter and grantee, specifying the terms and conditions of the easement and right of way. It clearly outlines the purpose, location, duration, and any limitations or restrictions associated with the easement. 2. Implied Easement: Sometimes, an easement can arise implicitly based on the circumstances and actions of the parties involved. For example, if a property is subdivided, and one portion becomes landlocked without access to a public road, the law may imply an easement over another property for necessary access. 3. Easement by Necessity: This type of easement is granted when a property owner has no other means to access their property except by crossing someone else's land. It typically applies when a landlocked property has no access to a public road and is granted by a court to ensure essential access. 4. Prescriptive Easement: A prescriptive easement can arise if a person continuously and openly uses another person's private road without their permission for a prolonged period, typically at least five years. If the landowner does not take legal action to stop this use, the court may grant the user a prescriptive easement based on their established right to use the road. In Virginia, these various types of easements and rights of way (nonexclusive, permanent use of granter's private road) are established to ensure the continuity of property access and transportation needs while respecting the rights of both granter and grantee.
Virginia Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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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.
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 ...
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 ...
"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth.
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.
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.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
"Private streets" means subdivision streets that have not been dedicated to public use or that require the permission or invitation of a resident or owner to use the street.
13. As a general rule, the dominant tenement landowner cannot block a right of way for his benefit where the right of way is for passage or egress or ingress. For instance, motor vehicles cannot be parked in the right of way.
