Bill Text: VA SB327 | 2010 | Regular Session | Prefiled

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Bill Title: Enjoyment of easement; owner of estate shall not cause to be present any debris within 25 feet.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-08 - Senate: Passed by indefinitely in Courts of Justice (13-Y 0-N) [SB327 Detail]

Download: Virginia-2010-SB327-Prefiled.html

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10103462D
SENATE BILL NO. 327 Offered January 13, 2010 Prefiled January 12, 2010 A BILL to amend and reenact § 55-50.1 of the Code of Virginia, relating to enjoyment of easement. ---------- Patrons-- Stuart; Delegate: Griffith ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 55-50.1 of the Code of Virginia is amended and reenacted as follows:

§55-50.1. Enjoyment of easement.

Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects of personal property, debris, or refuse, either temporarily or permanently, upon the burdened land or immediately adjacent thereto which unreasonably interferes with the enjoyment of the easement by the owner of the dominant estate within 25 feet thereof. The term "object" as contained in this section shall not include any fence, electric fence, cattle guard, gate, or division fence adjacent to such easement as those terms are defined in §§55-298.1 through 55-322. Any violation of this section may be deemed a private nuisance, provided, however, that the remedy for a violation of this section shall not in any manner impair the right to any other relief that may be applicable at law or in equity.