A pre-recorded streaming VIDEO replay of one session from the May 2019 live seminar, 37th Annual Real Estate Practice Seminar.
Cosponsored with the Real Property Section of the Virginia State Bar
The Supreme Court of Virginia has been clear that we look to the specific language of the easement to define its scope. The Code of Virginia has dictated that an easement will not be used in a way that is not reasonably consistent with the uses contemplated by the grant of the easement. However, easements have all too often fallen into a gray area in between. How do we determine the rights of the dominant tenement and the duties of the servient tenement when the language and intended use are both ambiguous? Furthermore, as the use of the land associated with the easement evolves, does the use of the easement correspondingly evolve? These questions and many others are analyzed and discussed in this presentation.