The owner of land that is subject to an easement for the purpose of ingress and egress may relocate the easement, on the servient estate, by recording in the office of the clerk of the circuit court of the county or city in which the easement or any part of such easement is located, a written agreement evidencing the consent of all affected persons and setting forth the new location of the easement. In the absence of such written agreement, the owner of the land that is subject to such easement may seek relocation of the easement on the servient estate upon 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 in interest, (ii) there will be no undue hardship created by the relocation, and (iii) the easement has been in existence for not less than 10 years.
Code 1919, § 5168; Code 1950, § 55-50; 1992, c. 373; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 3 - Form and Effect of Deeds and Covenants; Liens
§ 55.1-300.1. Certificate of Release of Certain Prohibited Covenants
§ 55.1-302. Construction of generic terms
§ 55.1-303. Appurtenances, etc., included in deed of land
§ 55.1-304. Relocation of easement
§ 55.1-305. Enjoyment of easement
§ 55.1-306.1. Utility easements; expansion of broadband
§ 55.1-307. Public road easements; maintenance and improvements
§ 55.1-308. Private roads; public use; maintenance and improvements
§ 55.1-309. Deeds good between parties
§ 55.1-310. Conveyance of property not owned but subsequently acquired
§ 55.1-311. Vendor's equitable lien abolished
§ 55.1-312. Certain deeds to county real estate validated
§ 55.1-313. Validation of sales, etc., by county courts prior to 1860
§ 55.1-315. Effect of option; recording
§ 55.1-316. Form of deed of trust to secure debts, etc.
§ 55.1-317. Requirements for trustees
§ 55.1-318.1. Effect of amendment to loan document on deed of trust
§ 55.1-319. Priority of residential refinance mortgage over subordinate mortgage
§ 55.1-320. How deed of trust construed; duties, rights, etc., of parties
§ 55.1-321. Notices required before sale by trustee to owners, lienors, etc.; if note lost
§ 55.1-322. Advertisement required before sale by trustee
§ 55.1-323. Contents of advertisements of sale
§ 55.1-324. Powers and duties of trustee in event of sale under or satisfaction of deed of trust
§ 55.1-325. Meaning of phrases that may be included in deed of trust
§ 55.1-326. Evidences of indebtedness placed on equal footing
§ 55.1-327. Sales under deeds of trust that contain no maturity date or provision authorizing sale
§ 55.1-328. Validation of conveyances of real property under trust instrument not authorizing sale
§ 55.1-329. Permissible form for notice of sale under deed of trust
§ 55.1-330. Construction of deeds requiring notice by advertisement in newspaper
§ 55.1-331. Disposition of surplus from trustee's sale after death of grantor
§ 55.1-332. Title to real estate sold not affected by nonlisting of secured notes for taxation
§ 55.1-333. Validation of certain sales made under deeds of trust
§ 55.1-334. Validation of certain sales made under deeds of trust prior to October 1, 1977
§ 55.1-335. Validation of other sales under deeds of trust
§ 55.1-337. Required notice of foreclosure or repossession of manufactured home
§ 55.1-338. Release to person dead inures to successors
§ 55.1-339. Release of deed of trust or other lien
§ 55.1-340. Release by financial institution upon payment of debt placed with it for collection
§ 55.1-341. Partial satisfaction
§ 55.1-342. Permissible form for certificate of satisfaction or certificate of partial satisfaction
§ 55.1-343. Where certificates of satisfaction are to be indexed
§ 55.1-344. Releases made by court; costs and attorney fees
§ 55.1-345. Recordation of certificate of satisfaction, etc., required when release of lien recorded
§ 55.1-348. Document of rescission; effect; liability for wrongful recording
§ 55.1-349. Secured creditor to submit satisfaction for recording; liability for failure
§ 55.1-350. Form and effect of satisfaction
§ 55.1-351. Relation to Electronic Signatures in Global and National Commerce Act
§ 55.1-353. Effect of word "covenants."
§ 55.1-354. Effect of covenant of general warranty
§ 55.1-355. Covenant of special warranty
§ 55.1-357. Implied warranties on new homes
§ 55.1-358. Effect of certain transfer fee covenants
§ 55.1-359. Covenant of "right to convey."
§ 55.1-360. Covenant for "quiet possession" and "free from all encumbrances."
§ 55.1-361. Covenant for "further assurances."