A BILL to amend the Code of Virginia by adding a section numbered 55.1-303.1, relating to property under common ownership; creation of easements.
HB344 would add a new section to the Virginia Code allowing a private appurtenant easement to be created by recordation of an instrument even when the dominant and servient estates are under common ownership. In practical terms, the bill says that the same owner can grant or reserve an easement for any purpose by recording the appropriate document, and that the common-law doctrine of merger will not block that result.
The bill applies only to instruments recorded on or after July 1, 2026. It is a targeted property-law change intended to clarify how easements can be created in situations where parcels are temporarily or historically held by the same owner, and to preserve easement rights that might otherwise be lost under merger principles.
HB344 would modify Virginia real property law by creating a new statutory exception to the doctrine of merger for private appurtenant easements. It would affect landowners, developers, title professionals, and attorneys handling property conveyances, subdivisions, and recorded easement instruments, while leaving the change prospective only for documents recorded on or after July 1, 2026.
The available record shows no committee transcript or recorded debate, so there is no detailed public discussion to gauge. The bill ultimately failed in the Senate by an 18-22 vote, indicating that it did not secure majority support in the upper chamber despite advancing far enough to receive a floor vote.
The main point of contention appears to be whether Virginia should statutorily override the doctrine of merger to permit easements between commonly owned parcels. Supporters likely viewed the bill as a clarification that protects intended property rights and easement arrangements, while opponents may have been concerned about altering established common-law property principles, creating title complexity, or expanding the ability to create easements in ways that could affect future land use and ownership disputes.