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VirginiaEminentDomainProperty Rights Resource
Introduction

Ownership without control

Under an easement you keep title to the strip. What changes is that someone else acquires the right to use it for a defined purpose, and your own use of it becomes limited.

Virginia condemnors acquire easements routinely, particularly utilities running transmission and distribution corridors. The compensation question is what the restriction costs you, both on the strip and across the rest of the parcel.

Quick answerYou keep the land and lose the freedom to use it. Both the strip and the effect on the remainder are part of the Virginia measure.
How it works

What to establish about any easement

The width

How much of the parcel the corridor covers.

The purpose

What the holder may do within it, now and later.

The duration

Permanent, or limited to construction.

The restrictions

What you may no longer build, plant or store there.

The effect beyond the strip

How the corridor changes the rest of the property.

Property owner considerations

Before signing an easement document

•Read what the holder may do inside the corridor, including future maintenance, access and vegetation management.
•A permanent easement affects every future sale of the property. Price it accordingly.
•Temporary construction easements should be valued separately, not folded into the permanent interest.
•Have any easement instrument reviewed by a licensed Virginia attorney before signing. The terms usually outlast the project.
Common questions

Frequently asked questions

Do I still own land under an easement?
Yes. You retain title. What you lose is the unrestricted right to use that part of your land.
Is an easement worth less than a full taking?
Not necessarily. A wide permanent corridor across a parcel can affect value substantially.
Can an easement be temporary?
Yes. Temporary construction easements last through the work and should be valued for that period.

Work out how this applies to your property

Tell us what is happening and we will point you to the Virginia resources that fit your situation.

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