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"'Easements correspond to the servitudes of the civil law, and consist (1) of privileges on the part of one person to use the land of another (the servient tract) in a particular manner and for a particular purpose, or (2) of rights to demand that the owner of the servient tract refrain from certain uses of his own ...
Virginia Code § 55.1-2821 states that adjoining landowners ?shall build and maintain division fences between their lands, equally splitting the costs, unless one of them decided to let his land lie open or agree otherwise.?
A deed may include a general provision that states that such deed is subject to any and all covenants and restrictions of record; however, such provision shall not apply to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited by subsection A of § 36- ...
Often, property owners are legally bound by the terms of the easement to provide general maintenance of the easement, as is the case with storm water management (SWM \ BMP) easements.
§ 55.1-305. Any violation of this section may be deemed a private nuisance, provided, however, that the remedy for a violation of this section shall not in any manner impair the right to any other relief that may be applicable at law or in equity. 2003, c. 774, § 55-50.1; 2007, c. 931; 2019, c.
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.
A conservation easement protects land primarily by limiting the number of times the property can be subdivided. However, depending on the size and nature of the property, and the conservation values being protected, landowners often can retain the right to exercise one or more subdivisions.
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 ...