Virginia Easement and Right of Way for Roadway Allowing Access to Lands

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US-OG-074
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Description

This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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FAQ

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

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 ...

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. Can I place a sign along the road? Signs cannot be on or overhanging state right of way.

If you are unable to obtain a written easement, you may be able to obtain an implied easement. You may be able to establish an easement by necessity or by implied grant. Easements of necessity are implied in circumstances where land would be unusable without an easement.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Right-of-way at uncontrolled intersections, generally. Except as otherwise provided in this article, when two vehicles approach or enter an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

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Virginia Easement and Right of Way for Roadway Allowing Access to Lands