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.
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Patrons-- Stuart; Delegate: Griffith
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Referred to Committee for Courts of Justice
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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.
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