Lynchburg Easements Lawyer
Protecting Property Owners from Unlawful Land Use in Virginia
When you purchase real estate, there is always a chance that it comes with easements. This means that some other person or entity has the right to use your land or you have the right to use another’s land for certain specified purposes. Interference with your easements rights can make your property unusable or hurt its value. Another’s easement on your land can keep you from using and enjoying your property. Easements can be deeply frustrating to deal with, so it is important that you have an experienced Lynchburg easements lawyer on your side who can explain the laws as they apply to you and fight for your easement rights. A. R. Pike Law Firm can help. We understand laws surrounding real property and easements, and we can help you make a case for your interests.
Why Do Easements Occur?
Living in a civil society, there are certain sacrifices we expect one another to make. For example, the electric company may need to run power lines over or under your property in order to bring power to your neighbors. An easement would stipulate that the electric company has the right to use a portion of your property to have and maintain power lines. Of course, there may be problems with these kinds of easements.
For example, if the electric company parks in front of your driveway or adds power lines and poles on your land, you have legal rights to stop them or be compensated.
Other easements let you access your property by private road or driveway, use water, or grant some other land right. These easements are created by previous landowners in written agreements or arise simply because people have used the road or water for many years. In either case, the location, size, and use of the easement can be the subject of disagreement and dispute. If the dispute is never resolved, it may be difficult to buy or sell the land until a written agreement is signed or a court makes a ruling about easement rights.
Virginia Easement Laws
An easement is a non-possessory right of use over the land of another. An easement holder has the right to use the landowner's property for a certain purpose and is prohibited from changing or expanding his use of the easement without the consent of the landowner.
In Virginia, there are four types of easements that exist and they are as follows:
1) Virginia Utility Easement Law
These are the most common, and they allow utility companies to use your property in a limited way, such as to install a power pole.
2) Private Easement Rights
A landowner can get an easement to use another’s land for a specific purpose, like a driveway. These are usually in writing, created by a prior landowner, and transferred to each subsequent owner automatically. It is important to know what easements affect property before you buy it to avoid any surprises down the road.
3) Easements by Necessity
If a landowner cannot access a public road, he may be able gain an easement to access his property through someone else’s land. For example, if someone divides their land and sells a part that is not on a public roadway, the buyer may be able to drive across the private land to get to the nearest road.
4) Prescriptive Easement Virginia
If you use another’s land continuously, without permission, you may have gained the legal right to keep using it for the same reason, even if the the landowner tries to stop you. For example, you may acquire the legal right to keep using a driveway even though you were never given permission or granted a written easement.
Representing Your Interests Regarding Easements in VA
Easements become problems when they keep you from using and enjoying your land. At A. R. Pike Law Firm, we know Virginia’s easement laws, and we can give you a clear picture of how to stand up for your own interests. Whether you need an easement or you need to fight another’s easement, we can help. Call us for a consultation to learn more about what we can do for you.
Call (434) 264-5444 now to speak with our Lynchburg easement lawyer today!