Servient estate; establishes relocation or modification of easement by owner.
This legislation creates a legal pathway for property owners to relocate or modify an existing utility or access easement on their land, provided they meet specific conditions. Under the new rules, the owner of the burdened property—known as the servient estate—can move an easement at their own expense, as long as the change does not impair the functionality or access rights of the easement holder. The process requires a formal notice and adherence to set criteria to ensure the easement remains as convenient as it was before the modification. For Arlington residents, this provides greater flexibility for homeowners and developers looking to renovate or expand on their property without being permanently restricted by legacy easement placements, provided they compensate for any necessary adjustments.