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Bill

SB 123

Improvements, repairs, or maintenance of property; entering adjoining property, petition for entry.

2025 Regular Session Introduced by Schuyler VanValkenburg

Allows Virginia property owners to petition courts for legal entry onto neighboring property to perform necessary repairs or maintenance when voluntary access is denied.

Left in Courts of Justice
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WeVote Research Nonpartisan
Bill Summary · SB 123

Legislative bill overview

SB 123 allows property owners to petition a court for legal permission to enter adjoining property when necessary to perform improvements, repairs, or maintenance on their own property. The bill establishes a formal legal process for obtaining access to neighboring land when such access is essential and the neighbor refuses voluntary permission.

Why is this important

Property maintenance often requires temporary access to adjacent land (for roof repairs, fence work, foundation issues, etc.). Without a legal mechanism, property owners face costly disputes or inability to maintain their own property. This bill creates a structured court process to resolve these access disputes, balancing property rights with practical maintenance needs.

Potential points of contention

  • Property rights vs. access rights: Neighbors may object to any legal requirement to grant access, viewing it as an infringement on their exclusive use and control of their land
  • Liability concerns: Questions about who bears responsibility if someone is injured while on adjoining property under court order, or if damage occurs to the neighbor's property during the work
  • Vague standards: The bill may need clearer definitions of what constitutes "necessary" access and what types of maintenance qualify, potentially leading to litigation over whether entry should be permitted
  • Enforcement and monitoring: Unclear how courts will monitor compliance or enforce conditions attached to entry orders, and what remedies exist if the property owner exceeds the scope of authorized work

Compiled from official sources — confirm details with the bill’s official record.

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