Property under common ownership; creation of easements.

Plain English Breakdown

The bill was defeated in the Senate and did not become a law, so its provisions are not enforceable.

Creating Easements for Commonly Owned Property

This bill would allow property owners with common ownership to create private appurtenant easements through the recording of legal documents and prevent the doctrine of merger from stopping such creation.

What This Bill Does

• Allows property owners with common ownership to make private appurtenant easements by recording an instrument that grants or reserves such easement.

Who It Names or Affects

• Property owners who share land or have common ownership.

Terms To Know

Easement

A legal right to use another person's property for a specific purpose, like walking across it.

Dominant and servient estate

The dominant estate is the land that benefits from an easement. The servient estate is the land that is burdened by the easement.

Limits and Unknowns

• This bill was defeated in the Senate and did not become a law.
• The provisions of this act would only apply to instruments recorded on or after July 1, 2026.

Official Summary Text

Property under common ownership; creation of easements.
Provides that a private appurtenant easement may be created for any purposes by the owner of the dominant and servient estate by the recordation of an instrument that grants or reserves such easement. The bill further provides that the rule of property law known as the doctrine of merger shall not prevent such grant or reservation.

Current Bill Text

A BILL to amend the Code of Virginia by adding a section numbered
55.1-303.1
, relating to property under common ownership; creation of easements.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
55.1-303.1
as follows:

§
55.1-303.1
. Property under common ownership; creation of easements.

A private appurtenant easement may be created for any purposes by the owner of the dominant and servient estate by
the recordation of
an in
s
trument that grants or reserves such easement. The rule of property law known as the doctrine of merger shall not prevent such grant or reservation.

2. The provisions of this act shall only apply to instruments recorded on or after July 1, 2026.