VirginiaHB2522026 Regular SessionHouseWALLET

Servient estate; establishes relocation or modification of easement by owner.

Sponsored By: Vivian E. Watts (Democratic)

Became Law

Summary

Relocation or modification of easement by owner of servient estate. Establishes that any easement may be relocated or modified either (i) by filing with each clerk of the circuit court of the city or county in which the easement or any part of the easement is located a written agreement evidencing the consent of the easement holder, as defined in the bill, and the consent of any other affected persons or (ii) in the absence of such agreement, upon petition to the circuit court and notice to all interested parties. The bill also provides that certain easements enumerated in the bill shall not be subject to a relocation or modification upon petition to the circuit court. This bill is a recommendation of the Boyd-Graves Conference.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Homeowners can move access easements

If you own the servient estate, you can move an access (ingress/egress) easement by written consent. The agreement must be recorded in the circuit court clerk’s office for each locality where the easement is located and show all needed consents and the new route. Without consent, you may ask the circuit court to order a move. The court approves only if the easement is at least 10 years old and no party faces economic damage or undue hardship. The change cannot reduce the easement’s use, increase the holder’s burden, harm safety, unreasonably disrupt use during work, or lower the benefited land’s value or condition. You pay all relocation or modification costs, except attorney fees. The law also defines who is the easement holder and the dominant and servient estates.

Utilities and conservation easements stay put

You cannot use the court process to move certain easements. These include public utility or public service easements and facilities; conservation or open‑space easements (and related appurtenant easements); telecommunications easements; and easements held by a public entity. A move is also barred if it would interfere with the use or enjoyment of any of those easements.

Sponsors & Cosponsors

Sponsor

  • Vivian E. Watts

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 220 • No: 0

Senate vote 3/10/2026

Passed Senate

Yes: 40 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Reported from Courts of Justice

Yes: 13 • No: 0 • Other: 1

House vote 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Courts of Justice with amendment(s)

Yes: 19 • No: 0

House vote 1/21/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0916)

    4/13/2026Governor
  2. Approved by Governor-Chapter 916 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB252)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB252ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Passed Senate (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Read third time

    3/10/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  14. Rules suspended

    3/9/2026Senate
  15. Reported from Courts of Justice (13-Y 0-N 1-A)

    3/5/2026Senate
  16. Fiscal Impact Statement from Department of Planning and Budget (HB252)

    2/19/2026House
  17. Referred to Committee for Courts of Justice

    2/4/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  19. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  20. Engrossed by House as amended

    2/2/2026House
  21. committee amendments agreed to

    2/2/2026House
  22. Read second time

    2/2/2026House
  23. Read first time

    1/30/2026House
  24. Reported from Courts of Justice with amendment(s) (19-Y 0-N)

    1/28/2026House
  25. House subcommittee offered

    1/21/2026House

Bill Text

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