Virginia

Va. Holds Easement by Necessity May be Modified as Reasonably Necessary to Widen Access Road to Allow Tractor Trailers

Va. Holds Easement by Necessity May be Modified as Reasonably Necessary to Widen Access Road to Allow Tractor Trailers

The Supreme Court of Virginia determined that an easement by necessity could be modified as “reasonably necessary” to benefit a landlocked parcel, so long as it did not unreasonably burden the underlying property, i.e., the servient estate.  The Court held that as a matter of law, the trial court had the authority to grant the owner of the landlocked parcel the right to widen the established easement without the servient owner's consent.