West Virginia Grant of Easement for Light and Air

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Multi-State
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US-01170BG
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Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Annual business fees to be paid to the Secretary of State; filing of annual reports; purchase of data.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS. Real property may be acquired in fee simple or in any lesser estate or interest therein, except in the case of a public road, only the right-of-way shall be acquired.

Separate property defined. (6) Any increase in the value of separate property as defined in subdivision (1), (2), (3), (4) or (5) of this section which is due to inflation or to a change in market value resulting from conditions outside the control of the parties.

andair easement is a type of easement that prevents a neighboring landowner from building something that would block light or air from reaching another person's property.

The right of first refusal is exercised by an abutting landowner through his or her remittance of the price determined by the Division of Highways to be fair market value within 60 days of notification.

An explicit easement requires proof of some form of writing ? for example, an act ? with the servitude described in specific terms. Other requirements to prove an easement by deed include signatures, a certificate of confirmation, and registration of the deed in the county where the property is located.

(a) No vehicle or combination of vehicles shall be operated on any highway unless such vehicle or combination of vehicles is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or ...

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.

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West Virginia Grant of Easement for Light and Air