Uniform Easement Relocation Act. Creates the Uniform Easement Relocation Act, which allows the owner of real estate burdened by an easement to obtain a court order to relocate the easement if the relocation does not materially impair, among other impairments, (i) the utility of the easement holder or (ii) the physical condition, use, or value of the benefited property. The Act requires that the burdened property owner file a civil action, give notice to other potentially affected real property interest owners, and bear the costs of relocation. Under current law, the owner of land that is subject to an easement may seek relocation of the easement on the servient estate upon petition to the circuit court and notice to all parties in interest, and the petition will be granted if, after a hearing held, the court finds that (a) the relocation will not result in economic damage to the parties in interest, (b) there will be no undue hardship created by the relocation, and (c) the easement has been in existence for not less than 10 years.

Statutes affected:
Introduced: 55.1-304
Courts of Justice Subcommittee Substitute : 55.1-304