Repairs or maintenance of property; entering adjoining property, petition for entry.

Plain English Breakdown

The bill summary does not specify if there are penalties for failing to return the property to its original condition or paying damages.

Entering Neighboring Property to Repair or Maintain Your Own

This law allows property owners to ask a court for permission to enter their neighbor's land if they need to repair or maintain parts of their own property that can't be reached without entering the neighbor's land.

What This Bill Does

• Allows an owner to petition the circuit court for entry onto neighboring property when repairs or maintenance are needed but cannot be done without going on the neighbor’s land and permission has been denied.
• Requires the owner to provide details about the repair work, efforts made to get permission from the neighbor, and proof that the service provider is licensed and insured.
• States that if the court grants permission, the owner must return the neighbor's property to its original condition and pay for any damage caused by entering.
• Directs the Supreme Court’s office to create a form for these requests.

Who It Names or Affects

• Property owners who need repairs or maintenance on their land but can't do it without going onto neighboring property.
• Neighboring property owners whose land might be entered by others under court order.
• Courts that will handle petitions and make decisions about granting entry.

Terms To Know

Petition

A formal request made to a court or other authority asking for something specific, like permission to enter someone else's property.

Adjoining Property

Land that borders another piece of land. In this case, it refers to the neighboring land where entry might be requested.

Limits and Unknowns

• The law does not specify what happens if a neighbor refuses to give permission for repairs or maintenance.
• It is unclear how quickly courts will process these types of petitions and under what conditions they will grant access.

Official Summary Text

Repairs or maintenance of property; entering adjoining property; petition for entry
.
Allows an owner of real property who seeks to repair or maintain the exterior of his property to petition the circuit court for a right of entry to an adjoining property for the purpose of performing the repairs or maintenance when the property is so situated that it is impossible to perform the repairs or maintenance without entering such adjoining property and permission to enter such adjoining property has been denied. The bill requires the petition and affidavits to contain specific information including the nature of the repairs and what efforts were made by the owner to obtain permission. The bill also provides that the petitioner shall be required to return the adjoining property to its previous condition and shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry. This bill is identical to SB 77.

Current Bill Text

An Act to amend the Code of Virginia by adding a section numbered
55.1-304.1
, relating to repairs or maintenance of property; entering adjoining property; petition for entry.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
55.1-304.1
as follows:
§
55.1-304.1
. Repairs or maintenance of property; entering adjoining property; petition for entry.
When an owner of real property seeks to repair or maintain the exterior of a structure that he owns and the structure is so situated that it is impossible to perform the repairs or maintenance without entering adjoining property and permission to enter the adjoining property has been denied, or unreasonable conditions have been placed upon the entry, the owner seeking to make the repairs or maintenance may petition the circuit court for a right of entry to the adjoining property for the purpose of performing the repairs or maintenance. The petition and affidavits, if any, shall state (i) the specific repairs or maintenance the owner seeks to make to such structure, (ii) what efforts were made by the owner to obtain permission to access the adjoining property for the purpose of conducting such repairs or maintenance, (iii) any reason that conducting such repairs or maintenance without entering the adjoining property is impossible, (iv) the date on which entry is sought, (v) who or what service provider
will be accessing the adjoining property to perform such repairs or maintenance, and (vi) proof that
such service provider is properly licensed and insured. Upon a finding that an owner has made a good faith effort to obtain permission to enter the adjoining property, provided that a copy of the petition has been properly served on the adjoining property owner in accordance with Article 4 (§
8.01-296
et seq.) of Chapter 8 of Title 8.01, and after a hearing, such right of entry may be granted by the court upon such terms as justice requires, including a requirement that the petitioning owner file a bond. No such entry shall be deemed a trespass. The petitioning owner shall be required to return the adjoining property to its previous condition and shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.
2. That the Office of the Executive Secretary of the Supreme Court of Virginia shall promulgate a form in accordance with the provisions of this act.