CODE OF VIRGINIA

RECORDATION OF APPROVED PLAT AS TRANSFER OF STREETS, TERMINATION OF EASEMENTS
AND RIGHTS-OF-WAY, ETC (§ 15.2-2265)

The recordation of an approved plat shall operate to transfer, in fee simple, to
the respective localities in which the land lies the portion of the premises
platted as is on the plat set apart for streets, alleys or other public use and
to transfer to the locality any easement indicated on the plat to create a
public right of passage over the land. The recordation of such plat shall
operate to transfer to the locality, or to such association or public authority
as the locality may provide, such easements shown on the plat for the conveyance
of stormwater, domestic water and sewage, including the installation and
maintenance of any facilities utilized for such purposes, as the locality may
require. Nothing contained in this article shall affect any right of a
subdivider of land heretofore validly reserved. The clerk shall index in the
name of all the owners of property affected by the recordation in the
grantor’s index any plat recorded under this section. Nothing in this
section shall obligate the locality, association or authority to install or
maintain such facilities unless otherwise agreed to by the locality, association
or authority.When the authorized officials of a locality within which land is
located, approve in accordance with the subdivision ordinances of the locality a
plat or replat of land therein, then upon the recording of the plat or replat in
the circuit court clerk’s office, all rights-of-way, easements or other
interest of the locality in the land included on the plat or replat, except as
shown thereon, shall be terminated and extinguished, except that an interest
acquired by the locality by condemnation, by purchase for valuable consideration
and evidenced by a separate instrument of record, or streets, alleys or
easements for public passage subject to the provisions of § 15.2-2271 or
15.2-2272 shall not be affected thereby. All public easements, except those for
public passage, easements containing improvements, those that contain private
utility facilities, common or shared easements for the use of franchised cable
operators and public service corporations, may be relocated by recordation of
plat or replat signed by the owner of the real property, approved by an
authorized official of a locality, regardless of the manner of acquisition or
the type of instrument used to dedicate the original easement. In the event the
purpose of the easement is to convey stormwater drainage from a public roadway,
the entity responsible for the operation of the roadway shall first determine
that the relocation does not threaten either the integrity of the roadway or
public passage. The clerk shall index the locality as grantor of any easement or
portion thereof terminated and extinguished under this section.

HISTORY: Code 1950, §§ 15-792, 15-967.13; 1958, c. 460; 1962, c. 407, §
15.1-478; 1964, c. 564; 1974, c. 530; 1978, c. 590; 1995, cc. 431, 662; 1997, c.
587; 2000, c. 165; 2005, c. 937.