2006 Code of Virginia § 55-50 - Appurtenances, etc., included in deed of land; relocation of easement

55-50. Appurtenances, etc., included in deed of land; relocation ofeasement.

Every deed conveying land shall be construed to include all buildings,privileges and appurtenances of every kind belonging to the lands thereinembraced unless an exception therefor is made in the deed. The owner of landwhich is subject to an easement for the purpose of ingress and egress mayrelocate the easement, on the servient estate, by recording in the office ofthe clerk of the circuit court of the county or city wherein the easement orany part thereof is located, a written agreement evidencing the consent ofall affected persons and setting forth the new location of the easement. Inthe absence of such written agreement, the owner of the land which is subjectto such easement may seek relocation of the easement on the servient estateupon petition to the circuit court and notice to all parties in interest.The petition shall be granted if, after a hearing held, the court finds that(i) the relocation will not result in economic damage to the parties ininterest, (ii) there will be no undue hardship created by the relocation, and(iii) the easement has been in existence for not less than ten years.

(Code 1919, 5168; 1992, c. 373.)