Winter Park, FL asked in Real Estate Law for Virginia

Q: Can the dominant tenement give access to an appurtenant easement to anyone they want? For example: Owner (servient) has

a road on their property used by a timber company (dominant). Can the timber company give access/rights to local hunters to said road? Property is in VA.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: It depends. What does the easement say? Is it general access for all purposes, or is it limited to the specified purposes? If the recorded document is ambiguous, what does the parole evidence suggest?

Best bet is to have a decent real estate lawyer review it.

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