{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-305.html"}],"law_id":81555,"edition_id":1,"section_id":81555,"structure_id":14924,"section_number":"55.1-305","catch_line":"Enjoyment of easement","history":"2003, c. 774, \u00a7 55-50.1; 2007, c. 931; 2019, c. 712.","full_text":"Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects either upon the burdened land or immediately adjacent to such land that unreasonably interferes with the enjoyment of the easement by the owner of the dominant estate. For the purposes of this section, “object” does not include any fence, electric fence, cattle guard, gate, or division fence adjacent to such easement as those terms are defined in \u00a7\u00a7 55.1-2800 through 55.1-2826. Any violation of this section may be deemed a private nuisance, provided, however, that the remedy for a violation of this section shall not in any manner impair the right to any other relief that may be applicable at law or in equity.","order_by":null,"text":{"0":{"id":292118,"text":"Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects either upon the burdened land or immediately adjacent to such land that unreasonably interferes with the enjoyment of the easement by the owner of the dominant estate. For the purposes of this section, “object” does not include any fence, electric fence, cattle guard, gate, or division fence adjacent to such easement as those terms are defined in \u00a7\u00a7 55.1-2800 through 55.1-2826. Any violation of this section may be deemed a private nuisance, provided, however, that the remedy for a violation of this section shall not in any manner impair the right to any other relief that may be applicable at law or in equity.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14924,"edition_id":1,"name":"Form and Effect of Deeds; Easements","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13328,"metadata":{},"date_created":"2026-06-26 03:50:49","date_modified":"2026-06-26 03:50:49","permalink":{"id":244987,"object_type":"structure","relational_id":14924,"identifier":"1","token":"55.1\/I\/3\/1","url":"\/55.1\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13328,"edition_id":1,"name":"Form and Effect of Deeds and Covenants; Liens","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13327,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244985,"object_type":"structure","relational_id":13328,"identifier":"3","token":"55.1\/I\/3","url":"\/55.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13327,"edition_id":1,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244771,"object_type":"structure","relational_id":13327,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86226,"structure_id":14924,"section_number":"55.1-300","catch_line":"Form of a deed","url":"\/55.1-300\/","token":"55.1\/I\/3\/1\/55.1-300","metadata":false},{"id":59550,"structure_id":14924,"section_number":"55.1-300.1","catch_line":"Certificate of Release of Certain Prohibited Covenants","url":"\/55.1-300.1\/","token":"55.1\/I\/3\/1\/55.1-300.1","metadata":false},{"id":64737,"structure_id":14924,"section_number":"55.1-301","catch_line":"How construed","url":"\/55.1-301\/","token":"55.1\/I\/3\/1\/55.1-301","metadata":false},{"id":66995,"structure_id":14924,"section_number":"55.1-302","catch_line":"Construction of generic terms","url":"\/55.1-302\/","token":"55.1\/I\/3\/1\/55.1-302","metadata":false},{"id":62749,"structure_id":14924,"section_number":"55.1-303","catch_line":"Appurtenances, etc., included in deed of land","url":"\/55.1-303\/","token":"55.1\/I\/3\/1\/55.1-303","metadata":false},{"id":72226,"structure_id":14924,"section_number":"55.1-304","catch_line":"Relocation of easement","url":"\/55.1-304\/","token":"55.1\/I\/3\/1\/55.1-304","metadata":false},{"id":81555,"structure_id":14924,"section_number":"55.1-305","catch_line":"Enjoyment of easement","url":"\/55.1-305\/","token":"55.1\/I\/3\/1\/55.1-305","metadata":false},{"id":82803,"structure_id":14924,"section_number":"55.1-306","catch_line":"Utility easements","url":"\/55.1-306\/","token":"55.1\/I\/3\/1\/55.1-306","metadata":false},{"id":82086,"structure_id":14924,"section_number":"55.1-306.1","catch_line":"Utility easements; expansion of broadband","url":"\/55.1-306.1\/","token":"55.1\/I\/3\/1\/55.1-306.1","metadata":false},{"id":69657,"structure_id":14924,"section_number":"55.1-307","catch_line":"Public road easements; maintenance and improvements","url":"\/55.1-307\/","token":"55.1\/I\/3\/1\/55.1-307","metadata":false},{"id":70421,"structure_id":14924,"section_number":"55.1-308","catch_line":"Private roads; public use; maintenance and improvements","url":"\/55.1-308\/","token":"55.1\/I\/3\/1\/55.1-308","metadata":false},{"id":56959,"structure_id":14924,"section_number":"55.1-309","catch_line":"Deeds good between parties","url":"\/55.1-309\/","token":"55.1\/I\/3\/1\/55.1-309","metadata":false},{"id":62471,"structure_id":14924,"section_number":"55.1-310","catch_line":"Conveyance of property not owned but subsequently acquired","url":"\/55.1-310\/","token":"55.1\/I\/3\/1\/55.1-310","metadata":false},{"id":74504,"structure_id":14924,"section_number":"55.1-311","catch_line":"Vendor's equitable lien abolished","url":"\/55.1-311\/","token":"55.1\/I\/3\/1\/55.1-311","metadata":false},{"id":64774,"structure_id":14924,"section_number":"55.1-312","catch_line":"Certain deeds to county real estate validated","url":"\/55.1-312\/","token":"55.1\/I\/3\/1\/55.1-312","metadata":false},{"id":65683,"structure_id":14924,"section_number":"55.1-313","catch_line":"Validation of sales, etc., by county courts prior to 1860","url":"\/55.1-313\/","token":"55.1\/I\/3\/1\/55.1-313","metadata":false},{"id":59605,"structure_id":14924,"section_number":"55.1-314","catch_line":"Deeds and writings executed for persons in military service, etc., under defective powers","url":"\/55.1-314\/","token":"55.1\/I\/3\/1\/55.1-314","metadata":false},{"id":63325,"structure_id":14924,"section_number":"55.1-315","catch_line":"Effect of option; recording","url":"\/55.1-315\/","token":"55.1\/I\/3\/1\/55.1-315","metadata":false}],"previous_section":{"id":72226,"structure_id":14924,"section_number":"55.1-304","catch_line":"Relocation of easement","url":"\/55.1-304\/","token":"55.1\/I\/3\/1\/55.1-304","metadata":false},"next_section":{"id":82803,"structure_id":14924,"section_number":"55.1-306","catch_line":"Utility easements","url":"\/55.1-306\/","token":"55.1\/I\/3\/1\/55.1-306","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-305\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 774<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapter 931<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":69850,"section_number":"55.1-2800","catch_line":"Definition","order_by":null,"url":"\/55.1-2800\/"},{"id":80261,"section_number":"55.1-2826","catch_line":"How notice given","order_by":null,"url":"\/55.1-2826\/"}],"permalink":{"id":245013,"object_type":"law","relational_id":81555,"identifier":"55.1-305","token":"55.1\/I\/3\/1\/55.1-305","url":"\/55.1-305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-305\/","token":"55.1\/I\/3\/1\/55.1-305","dublin_core":{"Title":"Enjoyment of easement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects<\/span> either upon the burdened land or immediately adjacent to such land that unreasonably interferes with the enjoyment of the easement by the owner of the dominant estate. For the purposes of this section, “object<\/span>” does not include any fence, electric fence, cattle guard, gate, or division fence adjacent to such easement as those terms are defined in \u00a7\u00a7 55.1-2800<\/a> through 55.1-2826<\/a>. Any violation of this section may be deemed a private nuisance, provided, however, that the remedy for a violation of this section shall not in any manner impair the right to any other relief that may be applicable at law<\/span> or in equity<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENJOYMENT OF EASEMENT (\u00a7 55.1-305)\n\nUnless otherwise provided for in the terms of an easement, the owner of a\ndominant estate shall not use an easement in a way that is not reasonably\nconsistent with the uses contemplated by the grant of the easement, and the\nowner of the servient estate shall not engage in an activity or cause to be\npresent any objects either upon the burdened land or immediately adjacent to\nsuch land that unreasonably interferes with the enjoyment of the easement by the\nowner of the dominant estate. For the purposes of this section,\n“object” does not include any fence, electric fence, cattle guard,\ngate, or division fence adjacent to such easement as those terms are defined in\n\u00a7\u00a7 55.1-2800 through 55.1-2826. Any violation of this section may be deemed a\nprivate nuisance, provided, however, that the remedy for a violation of this\nsection shall not in any manner impair the right to any other relief that may be\napplicable at law or in equity.\n\nHISTORY: 2003, c. 774, \u00a7 55-50.1; 2007, c. 931; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}