Can You Remove an Easement From Your Property in Virginia?

 Posted on October 26, 2026 in Estate Planning

You can remove an easement in Virginia in 2026. However, the options depend on how it was created and who holds the rights. A written release is often the simplest solution. Without an agreement, a court can determine whether an easement has ended or never existed. In some cases, changing its location is more practical than removing it. Our Carroll County real estate lawyers can review the documents and explain your options.

What Kinds of Easements Exist in Virginia?

How an easement was created shapes how it can be ended. An express easement is created by a written document. It’s usually a deed or a separate easement agreement. It is often recorded in the land records, making it easier to locate.

An implied easement can arise when land is divided. The way the land was already being used can show that access was meant to continue. An easement by necessity arises when a parcel needs access following the division of previously connected properties.

A prescriptive easement arises from long, open, continuous use without permission. Virginia generally requires 20 years of such use. The person claiming the easement must also meet other legal requirements. For example, they must have used the land as though they had a right to do so.

An appurtenant easement benefits a neighboring property and transfers with it when the property is sold. An easement in gross benefits a person or company, such as a utility provider, rather than another property.

How Can You Remove a Virginia Easement by Agreement?

A written release recorded in the land records is the simplest and most reliable method. The easement holder agrees to give up the right and signs a properly prepared release.

Virginia Code § 55.1-407 protects certain buyers and creditors against unrecorded property interests. A valid release can bind the parties before recording, but recording provides public notice and helps prevent future title disputes. A verbal understanding alone is not a reliable way to clear the title.

Negotiating a release often involves payment, particularly where the easement has real value to the holder. It can also involve relocating the easement to a less burdensome location. Virginia law allows affected parties to agree to a relocation through a recorded document.

For utility easements, the company has its own process for releasing rights it no longer needs. An unused utility line does not automatically end the easement. Contact the company to determine whether it will agree to a release.

When Can a Virginia Easement End Without an Agreement?

Several circumstances terminate an easement without any agreement. An easement generally ends when the same person becomes the sole owner of both properties. This is called merger because a person cannot have an easement over their own land. Expiration ends an easement created for a stated term or for a specific purpose that has been accomplished.

Abandonment requires more than non-use. Virginia requires evidence of an intent to abandon, demonstrated by acts clearly indicating the holder gave up the right. Not using a right of way for 20 years does not prove abandonment without other evidence that the holder intended to give it up.

An easement based solely on necessity can end when the necessity disappears. However, gaining another access route does not automatically eliminate an easement expressly granted in a deed. Destruction of the purpose can also apply, but the terms matter. Removing a structure does not necessarily end every easement associated with it.

Can a Virginia Court Remove or Relocate an Easement?

If the easement holder refuses to release it, you can ask a court to decide whether the easement still exists. The court reviews deeds, surveys, property records, and evidence of past use. It can also limit use that goes beyond the easement’s original purpose.

Virginia courts can relocate or modify certain easements without the holder’s consent if the change does not significantly harm their rights. This option excludes some utility, telecommunications, conservation, and public easements.

What Should You Check Before Buying Virginia Property With an Easement?

Easement problems are far easier to avoid than to fix:

• Order a title examination and read the exceptions in the title commitment.

• Obtain a current survey showing the physical location of any easement.

• Walk the property and look for paths, utility lines, and worn access routes.

• Ask the seller directly about any access arrangements with neighbors.

• Review the recorded easement document itself rather than a summary of it.

• Determine whether the easement is appurtenant or in gross.

• Confirm whether any easement affects where you can build.

A survey helps buyers understand how an easement affects their plans. It can show whether an easement crosses the spot where they want to build a garage.

Contact Our Frederick County, VA Real Estate Easements Attorneys

At Fox & Moghul, our attorneys have earned numerous awards and accolades in real estate and business law. They teach other lawyers through legal seminars and publications. CEO and Managing Partner Faisal Moghul was named one of America’s Top 100 Civil Defense Litigators. He was also recognized as Virginia’s Go-To Business Lawyer in 2023 and 2024. Easement questions often depend on old deeds and agreements. Our attorneys can review those records to determine whether removal is possible.

Contact Fox & Moghul at 703-652-5506 to talk to our Carroll County real estate lawyers today.