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Permanent easements

Permanent Easements and What They Cost an Owner

A permanent easement outlives the project, the agent and usually the owner who signs it. It runs with the land.

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Introduction

A restriction without an end date

A permanent easement grants rights that continue indefinitely and bind future owners. You retain title to the strip but not free use of it.

Because the restriction is permanent, its effect on value is permanent too. Every future sale of the property carries it.

Quick answerPrice a permanent easement as a permanent change to the property, not as a one time inconvenience.
Key topics

What defines the burden

Width and location

Where the corridor sits on the parcel.

ExplorePermitted uses

What the holder may do within it.

ExploreYour retained rights

What you may still do on the strip.

ExploreAccess provisions

How the holder reaches the corridor.

ExploreValuation

How a permanent restriction is priced.

ExploreEffect on sale

What a future buyer will make of it.

Explore
How it works

Valuing a permanent easement

Value the parcel before

As it stood, unencumbered.

Define the burden precisely

Width, purpose, duration and restrictions.

Value the parcel after

With the corridor and its restrictions in place.

Consider the residue

Effects beyond the strip itself.

Present the difference

That difference is the compensation question.

Property owner considerations

Before agreeing

•Ask for the easement instrument, not a summary of it. The document controls.
•Check whether the width can be expanded later and on what terms.
•Check what structures, plantings and uses are prohibited within the corridor.
•Have a licensed Virginia attorney review the instrument. Permanent means permanent.
Related resources

Where to go next

Easements

How the different types compare.

Read moreTemporary Easements

Construction period access.

Read moreJust Compensation

The Virginia measure.

Read more
Common questions

Frequently asked questions

Does a permanent easement transfer ownership?
No. You keep title. The holder gains defined rights to use the strip.
Can I remove it later?
Permanent easements run with the land and are not easily removed.
Does it affect resale?
Yes. A recorded permanent easement is disclosed and affects what a buyer will pay.

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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