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Easements over unregistered land A legal easement over unregistered land is effective at law when made and binds the world. An equitable easement over unregistered land must be protected by registration of a class D(iii) land charge against the full name of the estate owner.
As defined by Virginia law, everything that is not public property is considered private property. Anyone on the property who is not a property owner is considered a visitor.
This means that it can include your front yard, your porch, or any part of your property that can be seen by other members of the public without invitation. Practically, someone can be drunk, or commit another crime required to be in a public place, anywhere they can be seen my members of the public.
While its possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
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Virginia law authorizes the quick take eminent domain power, which allows the government to acquire property and construct its project before a jury renders a just compensation verdict. To do so, the government must deposit with the Court its estimated value of just compensation and record a Certificate of Take.
One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
An easement is often referred to as a nonpossessory property interest. This just means that the person who benefits from it does not own the property and cannot claim to possess it in any way, but that he or she is still allowed to use it without obstruction. Even the property owner cannot stop this agreed-upon use.
46.2-820. Right-of-way at uncontrolled intersections, generally. Except as otherwise provided in this article, when two vehicles approach or enter an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Details of such easements are entered in the property register of the benefiting registered estate: rule 5(b)(ii) of the Land Registration Rules 2003. The entry normally refers to the title including any legal easements granted by a particular deed.

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