Virginia Deed of Open Space Easement to Municipality

State:
Virginia
Control #:
VA-EAS-4
Format:
Word; 
Rich Text
Instant download

Description

Conserves the natural and cultural values of the Property, preserving the dominant agricultural, woodland and wetland character of the Property, and preventing the use or development of the Property for any purpose or in any manner which would conflict with the maintenance of the Property in its scenic, agricultural, woodland and wetland condition.


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.

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FAQ

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.

An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.

Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

Ask him to grant you a formal easement by deed. Your neighbor the servient, or burdened landowner can give the easement of his own accord, but he is not obligated to do this. The chances are, you will have to negotiate a price; an easement is, after all, an interest in land, which has a value attached to it.

Include the whole length and width. Do this by reference to plans and a ground inspection. Deduct the "after scenario" value from the "before scenario" value to arrive at a value per unit of the easement land. Multiply by the measured area of the easement land to arrive at a total market value.

Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.

When you're buying a house, you might find out that the property has an easement on it. Essentially this means that someone other than you could have access to the land. This isn't necessarily a bad thing. For example, utility companies typically hold easements in case they need to access pipes or cables.

3 attorney answers Just record the easement. The register of deeds must record it if it is in recordable form.

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Virginia Deed of Open Space Easement to Municipality