Virginia Utility Easement (Electric Lines and Appurtenances)
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FAQ
For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. There are other types of easements, such as private easements, easements by necessity and prescriptive easements. Utility easements, though, are fairly common.
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
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 ...
The crucial difference between adverse possession and prescriptive easement is that in the case of prescriptive easement, the use of the property is not exclusive to one party. Furthermore, prescriptive easement does not grant title to the land in question, but merely grants certain rights to that land.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.
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.
