Q: In Virginia, can an owner of several lots develop a recorded easement that crosses over multiple the lots he owns?
I currently have a situation where a single person owned several lots and the single owner of the lots developed an easement over all lots that he owned for access in lieu of the approved unconstructed access road.
To my understanding, easements give you the right to do something on property that someone else owns, not property owned by yourself. The easement was deeded and recorded at the county, benefiting several lots owned by the owner. He then reserved the rights to use the easement for the benefit of lots the he owned.
He then sold and foreclosed on all his properties. The easement comes right through my property for access to other lots once owned by the declarant of the easement.
Is this easement even valid from a legal perspective in Virginia?
A: You need a decent title search and survey to evaluate these facts, but if you are asking whether a property owner can create recorded easements on his property before selling it, that is exactly what every developer does. You can't create an easement on someone else's property.
Ross Cameron Hart agrees with this answer
A: I agree with Mr. Sternberg - you can basically create easements for benefit of some or all lots. Make sure that each user of the easement shares in the cost of upkeep. You'll need an experienced real estate attorney to help you draft something that works well
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