2026 SESSION

ENGROSSED

26105001D

HOUSE BILL NO. 733

House Amendments in [ ] - February 16, 2026

A BILL to amend the Code of Virginia by adding a section numbered 55.1-305.1, relating to owner of a servient estate; reasonable rules of use for easement.

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Patron Prior to Engrossment—Delegate Leftwich

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 55.1-305.1 as follows:

§ 55.1-305.1. Owner of servient estate; reasonable rules of use for easement.

A. The owner of a servient estate upon which an easement lies may establish reasonable rules of use of such easement, including establishing a reasonable speed limit.

B. A servient estate owner may bring a civil action alleging a violation of subsection A and may recover actual damages or $500, whichever is greater, and reasonable attorney fees and costs and may seek injunctive relief.

[ C. This section shall not be used to establish rules of use or to otherwise modify an easement held by a public entity. For the purposes of this section, "public entity" means (i) the United States; (ii) an agency of the United States; (iii) the Commonwealth; or (iv) an agency, institution, authority, or political subdivision of the Commonwealth. ]