Deeds.com
Home > Forms > Virginia > Easement Deed  

Virginia Easement Deed Form

An easement gives a person the right to use another’s real property for a specific purpose. This is a non-possessory interest and can relate to solar rights, utility easements, and other types of appurtenant or easements in gross. In Virginia, unless the terms of an easement deed provide otherwise, the owner of a dominant estate cannot use an easement in a way that is inconsistent with the uses allowed by the grant of the easement. Further, the owner of the servient estate cannot engage in an activity or cause any objects to be present upon or adjacent to the burdened land which would unreasonably interfere with the enjoyment of the easement by the owner of the dominant estate (§ 55-50.1). The owner of land that is subject to an easement for the purpose of ingress and egress may relocate the easement, on the servient estate, by recording a written agreement evidencing the consent of all affected persons and setting forth the location of the easement. This agreement is to be recorded in the office of the clerk of the circuit court in the county or city where the easement is located (§ 55-50). An easement deed should be in writing and should contain the terms of the agreement, the duration and scope of the easement, and a description.

Before it can be admitted to record, an easement deed must contain the grantor’s original signature, which must be acknowledged by him or proved by two witnesses. A certificate of acknowledgment evidencing such acknowledgment should be attached to the deed (§ 55-113). Notarial acts can be performed within this state or out of state. Out-of-state acknowledgments will have the same effect as acknowledgments performed by a notary public in Virginia and such acts may be performed by any officer who is authorized to perform notarial acts in the place where the act is performed (§ 55-118.1). Acknowledgments taken in another state must conform to the rules contained in § 55-118.2 of the Virginia Code. The official seal of the person performing the notarial act, whether or not it is in this state, should be affixed to the document (§ 55-118.2).

An easement deed in Virginia must be recorded in the city or county where the property subject to the easement is located in order to provide constructive notice of the instrument. Until the deed is recorded, it will be void to all purchasers for a valuable consideration without notice who are not parties to the deed and will also be void as to lien creditors (§ 55-96). This is a race-notice recording act, which means that a later buyer who pays fair value and records a deed first without having notice of any earlier conflicting interests will have priority over later recordings.
 
 
 
 

Download Forms

Download Real Estate Deed Forms
Blank Virginia Easement Deed Forms. All forms are formatted based on where the property is located.
 
Deeds.com Virginia Easement Deed Forms Have Been Updated as Recently as Friday February 24, 2017
Virginia Easement Deed Form
 
County or Independent City Easement Deed Form Information
Accomack County
Albemarle County
Alexandria City
Alleghany County
Amelia County
Amherst County
Appomattox County
Arlington County
Augusta County
Bath County
Bedford County
Bland County
Botetourt County
Bristol County
Brunswick County
Buchanan County
Buckingham County
Buena Vista City
Campbell County
Caroline County
Carroll County
Charles City
Charlotte County
Charlottesville City
Chesapeake City
Chesterfield County
Clarke County
Colonial Heights City
Covington City
Craig County
Culpeper County
Cumberland County
Danville City
Dickenson County
Dinwiddie County
Essex County
Fairfax County
Fairfax City
Falls Church City
Fauquier County
Floyd County
Fluvanna County
Franklin County
Franklin City
Frederick County
Fredericksburg City
Galax City
Giles County
Gloucester County
Goochland County
Grayson County
Greene County
Greensville County
Halifax County
Hampton City
Hanover County
Harrisonburg City
Henrico County
Henry County
Highland County
Hopewell City
Isle Of Wight County
James City
King And Queen County
King George County
King William County
Lancaster County
Lee County
Lexington City
Loudoun County
Louisa County
Lunenburg County
Lynchburg City
Madison County
Manassas City
Manassas Park City
Martinsville City
Mathews County
Mecklenburg County
Middlesex County
Montgomery County
Nelson County
New Kent County
Newport News City
Norfolk City
Northampton County
Northumberland County
Norton City
Nottoway County
Orange County
Page County
Patrick County
Petersburg City
Pittsylvania County
Poquoson City
Portsmouth City
Powhatan County
Prince Edward County
Prince George County
Prince William County
Pulaski County
Radford County
Rappahannock County
Richmond County
Richmond City
Roanoke County
Roanoke City
Rockbridge County
Rockingham County
Russell County
Salem County
Scott County
Shenandoah County
Smyth County
Southampton County
Spotsylvania County
Stafford County
Staunton City
Suffolk City
Surry County
Sussex County
Tazewell County
Virginia Beach City
Warren County
Washington County
Waynesboro City
Westmoreland County
Williamsburg City
Winchester City
Wise County
Wythe County
York County
State Specific Real Estate Deed Form Information