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

Plain English Breakdown

The official source material does not specify what happens if the adjoining property owner does not respond to the petition.

Entering Neighboring Property for Repairs

This law allows property owners to ask a court for permission to enter neighboring land if they need to fix or maintain their own property and cannot do so without entering the neighbor's land.

What This Bill Does

• Allows an owner of real estate to petition a circuit court for entry onto adjoining property when repairs or maintenance are needed but can't be done without going on the neighbor’s land.
• Requires the petition to include details about the repairs, efforts made to get permission from the neighbor, and proof that the work is impossible without entering the neighboring property.
• Specifies that the owner must return the neighbor's property to its original condition after completing the repairs or maintenance.
• Makes the owner responsible for any damage caused during entry onto the adjoining property.

Who It Names or Affects

• Property owners who need access to adjacent land for exterior repairs or maintenance.
• Owners of adjoining properties whose permission is denied or conditions are unreasonable.
• Courts that will hear petitions and decide on granting entry rights.

Terms To Know

Petition

A formal request to a court for a specific action, such as allowing entry onto another's property.

Circuit Court

The main trial court in Virginia that handles civil and criminal cases.

Limits and Unknowns

• Does not specify what happens if the adjoining property owner does not respond to the petition.
• Does not provide details on how damages are calculated or who determines them.
• Requires courts to create a form for petitions, but doesn't give specifics about its content.

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 HB 803.

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.