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The clipping this text was read from
The clipping this text was read from

Yes, Virginia’s easement law provides a process whereby easements may be terminated (having no such process might lead to court findings of “unreasonableness”). But the process is difficult, in effect requiring double payment, and seems unlikely to be used to satisfy other public needs. Beyond that, the Virginia community of easement donors - large, growing, and spread across the political spectrum - has already shown that it regards a threat to one easement as a threat against all, and that it has a lot of clout.

Question #4 What should you think about before offering to donate an easement?

The short answer is that you should think about everything that might go wrong if you do grant an easement - for instance, your kids would for sure not be able to get rich selling condo units. But you should also think about everything that might go wrong if you don't grant an easement - maybe that would signal your neighbor not to grant one either, thereby opening your community to a LULU (locally unwanted land use).

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