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2007 SESSION
072176824Be it enacted by the General Assembly of Virginia:
1. That § 55-50.1 of the Code of Virginia is amended and reenacted as follows:
§ 55-50.1. Enjoyment of easement.
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 that or
immediately adjacent thereto which unreasonably interfere interferes
with the enjoyment of the easement by the owner of the dominant estate.
[ The
terms "objects" or "items" The term “object”
] as contained in this section shall not include any fence, electric fence,
cattle guard, gate, or division fence [ adjacent to such easement
and ] as defined in §§ 55-298.1 through 55-322. 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.