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Bill > HB803

VA HB803

VA HB803
Repairs or maintenance of property; entering adjoining property, petition for entry.

summary

Introduced
01/13/2026
In Committee
02/18/2026
Crossed Over
02/02/2026
Passed
04/08/2026
Dead
Signed/Enacted/Adopted
04/08/2026

Introduced Session

2026 Regular Regular Session

Bill Summary

Repairs or maintenance of property; entering adjoining property; petition for entry. Allows an owner of real property who seeks to repair or maintain the exterior of his property to petition the circuit court for a right of entry to an adjoining property for the purpose of performing the repairs or maintenance when the property is so situated that it is impossible to perform the repairs or maintenance without entering such adjoining property and permission to enter such adjoining property has been denied. The bill requires the petition and affidavits to contain specific information including the nature of the repairs and what efforts were made by the owner to obtain permission. The bill also provides that the petitioner shall be required to return the adjoining property to its previous condition and shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry. This bill is identical to SB 77.

AI Summary

This bill allows a property owner to petition a circuit court for permission to enter an adjoining property to make necessary exterior repairs or maintenance to their own property, but only if it's impossible to do so without entering the neighbor's land and permission has been denied or unreasonably conditioned. The petition must detail the specific repairs, efforts made to get permission, why entry is necessary, the desired entry date, who will perform the work, and proof that the service provider is licensed and insured. If the court finds the owner made a good faith effort to get permission and after proper notification and a hearing, the court may grant a right of entry under specific conditions, potentially including a bond, and the entry will not be considered trespassing. The property owner granted entry must restore the adjoining property to its original condition and is responsible for any actual damages caused by the entry.

Committee Categories

Justice

Sponsors (1)

Last Action

Acts of Assembly Chapter text (CHAP0428) (on 04/08/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ Property Rights

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