Easements

Question 1

Does an Easement for a Utility always run with the land?

Answer 1

Yes, one expressly granted for the benefit of utility services, will touch and concern and run with the servient tract, its successors and assigns.

Question 2

At what time does the easement by necessity arise?

Answer 2

At the time the dominant and servient estates are severed.

Question 3

Easements by necessity under Va law: (3)

Answer 3

1. Common Title: Both estates originally belonged to the same person.
2. Reasonable Necessity: The easement is needed for the dominant estate’s use.
3. Landlocked: The dominant estate is landlocked and has no access except through the servient estate.

Question 4

Can an easement by necessity be expanded with out consent of the owner of the servant estate?

Answer 4

Yes, but the expansion cannot create unreas. burdens on the servient estate.

Question 5

Statutory time limits to acquire easement by prescription?

Answer 5

In VA 20 years,

Not this is different from Adverse Possession which is 15.

Question 6

If the original purpose of an easement no longer exists, then

Answer 6

The easement is terminated