Legal Question in Real Estate Law in Virginia
Utility lines across un-owned property
Owner of large lot builds house. Water line, gas line and sewer run from house on back of lot to street in front. Several years later, subdivides property and builds second house on front. over fifty years later, owner looses one of two houses (front) to foreclosure. New ower of front lot digs up utility and cuts, saying they can not run through his property. He really wants not to have to put his own water meter in and is trying to lay claim to meters installed for first house. Lines been across lot for 60 years, but both lots always had same owner to them. I think there is already an unwritten easement, but some say you cannot give yourself one. Help please.
1 Answer from Attorneys
Re: Utility lines across un-owned property
If there is not already an enforceable easement in place, the owner of the property to the rear should petition the local circuit court to grant such an easement on the basis of necessity.
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