HB733 • 2026

Owner of a servient estate; reasonable rules of use for easement.

An Act to amend the Code of Virginia by adding a section numbered 55.1-305.1, relating to owner of a servient estate; reasonable rules of use for easement.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Leftwich
Last action: 2026-04-13
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The official source material does not provide information about enforcement mechanisms or interpretations, leaving these aspects open to interpretation.

Rules for Easement Use

This law allows owners of land with easements to set reasonable rules and limits on how others can use that land, including speed limits.

What This Bill Does

Allows the owner of a servient estate (the property with an easement) to make reasonable rules for using the easement.
Includes setting a reasonable speed limit as part of these rules.
Permits the servient estate owner to sue someone who breaks these rules and get damages, attorney fees, and costs.
Enables the servient estate owner to ask for an injunction (a court order) against violators.

Who It Names or Affects

Owners of properties with easements
People using easements on other people's land

Terms To Know

servient estate: The property that has an easement over it, allowing others to use part of the land for a specific purpose.
easement: A legal right to use another person's land for a specific purpose, like walking across it or laying utility lines.

Limits and Unknowns

This law does not apply to easements owned by public entities such as the government.
The exact rules and penalties will depend on what each servient estate owner decides.
It is unclear how this law will be enforced or interpreted in specific cases.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB733AHC1

2026-02-09

Courts of Justice Amendment

Plain English: The amendment adds a new clause to HB733 that prevents the section from being used to set rules for or change easements held by public entities.

Adds a provision stating that the section cannot be used to establish rules of use or modify an easement owned by a public entity.

The amendment does not specify what happens if a public entity tries to change an easement outside this bill's scope.
It is unclear how this provision will affect existing easements held by public entities.

HB733AHC2

2026-02-09 • Committee

Civil Subcommittee Amendment

Plain English: The amendment adds a new clause to HB733 that prevents the section from being used to set rules for or change easements held by public entities.

Adds a new clause (C) after line 17 of the bill, which excludes public entities from having their easement rules altered or established under this section.

The amendment does not specify what happens to private entity easements; it only limits changes for public entities.

HB733AH1

2026-02-11 • Committee

Courts of Justice Amendment

Plain English: The amendment adds a new clause to HB733 that prevents the section from being used to set rules for or change easements held by public entities.

Adds a restriction stating that the section cannot be used to establish rules of use or modify an easement owned by a public entity.

The amendment does not specify what happens if a public entity tries to change an easement outside this new clause.
It is unclear how this restriction will affect existing easements held by public entities.

Bill History

2026-04-13 Governor
Approved by Governor-Chapter 664 (effective 7/1/2026)
2026-04-13 Governor
Approved by Governor-Chapter 664 (effective 7/1/2026)
2026-04-13 Governor
Acts of Assembly Chapter text (CHAP0664)
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB733ER)
2026-03-11 Senate
Read third time
2026-03-11 Senate
Passed Senate
2026-03-11 Senate
Passed Senate
2026-03-11 Senate
Passed Senate Block Vote (39-Y 0-N 0-A)
2026-03-11 Senate
Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)
2026-03-11 Senate
Passed Senate Block Vote (40-Y 0-N 0-A)
2026-03-10 Senate
Rules suspended
2026-03-10 Senate
Passed by for the day
2026-03-10 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-10 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-09 Courts of Justice
Reported from Courts of Justice (15-Y 0-N)
2026-02-18 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-18 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-17 House
Read third time and passed House Block Vote (97-Y 0-N 0-A)
2026-02-16 House
Read second time
2026-02-16 House
Committee amendment agreed to
2026-02-16 House
Engrossed by House as amended
2026-02-13 House
Read first time
2026-02-11 Courts of Justice
Reported from Courts of Justice with amendment(s) (22-Y 0-N)
2026-02-09 Civil
Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
2026-02-09 Civil
House subcommittee offered
2026-02-05 Civil
Assigned HCJ sub: Civil
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26105001D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Owner of a servient estate; reasonable rules of use for easement.
Provides that an owner of a servient estate upon which an easement lies may establish reasonable rules of use of such easement, including establishing a reasonable speed limit. The bill further provides that a servient estate owner may bring a civil action against someone in violation of such reasonable rules and may recover actual damages or $500, whichever is greater, and reasonable attorney fees and costs and may seek injunctive relief.

Current Bill Text

Read the full stored bill text

An Act to amend the Code of Virginia by adding a section numbered
55.1-305.1
, relating to owner of a servient estate; reasonable rules of use for easement.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
55.1-305.1
as follows:
§
55.1-305.1
. Owner of servient estate; reasonable rules of use for easement.
A. The owner of a servient estate upon which an easement lies may establish reasonable rules of use of such easement, including establishing a reasonable speed limit.
B. A servient estate owner may bring a civil action alleging a violation of subsection A and may recover actual damages or $500, whichever is greater, and reasonable attorney fees and costs and may seek injunctive relief.
C. This section shall not be used to establish rules of use or to otherwise modify an easement held by a public entity. For the purposes of this section, "public entity" means (i) the United States; (ii) an agency of the United States; (iii) the Commonwealth; or (iv) an agency, institution, authority, or political subdivision of the Commonwealth.