West Virginia Drainage Easement
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How to fill out Drainage Easement?
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FAQ
A thirty (30) foot right-of-way is required.
In West Virginia (WV), an easement can grant utilities permission to operate underground, grant mineral extraction rights, or more. Understanding the impact of WV easements and rights of way is critical to the success of a commercial real estate transaction.
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.
West Virginia is a common law riparian state which has adopted the "reasonable use" doctrine granting each riparian landowner on a given watercourse an equal and correlative right to a reasonable consumptive use of the natural flow.
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.
Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.