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2006 SESSION

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CHAPTER 795 An Act to amend the Code of Virginia by adding a section numbered 55-50.2, relating to utility easements. [H 1575] Approved April 6, 2006

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 55-50.2 as follows:

§ 55-50.2. Utility easements.

Where an easement, whether appurtenant or gross, is expressly granted by an instrument recorded on or after July 1, 2006, that imposes on a servient tract of land a covenant to provide an easement in the future for the benefit of utility services, to relocate, construct, or maintain facilities owned by a entity that provides utility services, or pay the cost of such relocation, construction, or maintenance, such covenant shall be deemed for all purposes to touch and concern the servient tract, to run with the servient tract, its successors, and assigns for the benefit of the entity providing utility services, its successors, and assigns.

"Utility Services" for the purposes of this section, means any products, services and equipment related to energy, telecommunications, water and sewerage.