Chapter 1
Virginia Real Estate Law & Agency
Course: Virginia Real Estate Exam Prep
Subject: Virginia State Salesperson Exam Prep
Chapter: Property Rights Amp Ownership
Easements - A Deeper Look:
- Appurtenant vs. In Gross: An easement appurtenant benefits a neighboring parcel of land (the dominant tenement) and burdens the served parcel (the servient tenement). It runs with the land, meaning it automatically transfers when either property is sold (e.g., a shared driveway). An easement in gross benefits a person or entity (like a utility company) and is not tied to ownership of adjacent land.
- Creation: Can be by express grant in a deed, by implication (necessary for access to a landlocked parcel), by prescription (open, notorious, hostile, and continuous use for 15 years in Virginia), or by necessity.
- Termination: By release, merger (when the dominant and servient tenements come under the same ownership), abandonment, or expiration.