An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
West Virginia Easement for Access to Property
State:
Multi-State
Control #:
US-00495
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Word;
Rich Text
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Description
This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.
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FAQ
Competing Easement Rights 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.
You might be able to negotiate directly with your neighbor to get an easement. This might include paying your neighbor a fee to allow you to access the land. Be sure, though, to never rely on a verbal or handshake agreement. Instead, sign legal documents to make the easement official.
All easements held by the Virginia Board of Historic Resources are recorded with the land records of the city or county in which the parcel of land subject to the easement is located.
A conservation easement protects the land from further residential development, maintains the unique agricultural qualities, and protects headwaters and riverbanks for an ecologically important river and trout fishery.
Prescription ? a legal Easement may be presumed if a claimant can show a long and continuous use of the area. The period of uninterrupted use must be 20 years. Where the land is unregistered the legal right created by 'prescription' is legally binding.
Typically, losing a right of way happens in one of three ways: The parties involved expressly agree to extinguish the right by entering into a formal deed of release. The person with the benefit of the right demonstrates by their actions that they intend to abandon it.
A ?right of way? is an easement which allows the owner of one property to cross another, in order to access it. Further, a right of way may become a 'right to roam. ' This can happen if the landowner has given permission or the local community has used the right of way for many years.
The easement of necessity doctrine (also called easement by necessity or ways of necessity) implies an easement right for parcels that become landlocked after partition or partial transfer. That is, the context in which easement of necessity arises is limited.
