Easement Transfer In Virginia

Summary

In Virginia, private easements must be in writing, signed, and recorded with the county clerk. Easements generally run with the land, meaning they transfer with property ownership. However, specific language in the easement agreement could affect this. Consult a local attorney to ensure the easement transfers correctly when giving land to a family member.

Full Conversation

I have a question about easment laws in VA
Hello ****, easement laws can be complex. Could you please specify whether this is related to a private easement, public easement, or another type?
It is a private easment
Sure, ****. In Virginia, private easements are governed by several laws:
- Must be in writing and signed.
- Must be recorded with the county clerk.
- Can only be modified or terminated by a written agreement.
Is there a specific issue you're facing with your private easement?
My question is if i break off a part of my land and give it to my son does my easment across a neighbors property automatically transfer to him
In Virginia, easements generally run with the land and not with the owner. However, it's best to consult a local attorney to ensure it applies in your case. Some factors could affect this, like the easement's language.
Ok thanks
You're welcome, ****! If you have any other questions in the future, don't hesitate to ask. Good luck with your easement issue!